# GDPR Article 94: Repeal of Directive 95/46/EC

- Source: https://support.icompaas.com/support/solutions/articles/62000236441-gdpr-article-94-repeal-of-directive-95-46-ec
- Section: [Solutions](https://support.icompaas.com/support/solutions) › [GDPR](https://support.icompaas.com/support/solutions/62000112722) › [Chapter XI: Final Provisions](https://support.icompaas.com/support/solutions/folders/gdpr-chapter-11-final-provisions)
- Last updated: 2026-07-11
- Publisher: iCompaas, Inc. (https://www.icompaas.com)

### **Overview**

This article ensures that the General Data Protection Regulation (GDPR) does not impose additional obligations on entities already subject to specific obligations under Directive 2002/58/EC. This applies particularly to entities providing publicly available electronic communications services within the Union. The repeal of Directive 95/46/EC marks the transition to GDPR while maintaining continuity for regulated entities.  
  

### **Key Principles**

-   Continuity: Entities previously regulated under Directive 95/46/EC transition to GDPR without additional obligations.
    
-   Specific Scope: Applies to providers of publicly available electronic communications services.
    
-   Legal Alignment: Ensures consistency with obligations under Directive 2002/58/EC.
    
-   Regulatory Clarity: Prevents duplication of compliance requirements during the transition to GDPR.  
      
    

### **Organizational Applicability**

This article applies to:

-   Providers of publicly available electronic communications services in the EU.
    
-   Legal and compliance teams ensuring adherence to GDPR and Directive 2002/58/EC obligations.
    
-   Supervisory authorities monitoring compliance for entities in the electronic communications sector.  
      
    

### **Implementation Requirements**

-   Recognize that GDPR obligations supersede Directive 95/46/EC.
    
-   Verify that existing obligations under Directive 2002/58/EC remain in effect.
    
-   Ensure no duplication or additional requirements are imposed by GDPR for covered entities.
    
-   Document compliance measures and alignment with both GDPR and Directive 2002/58/EC.  
      
    

### **Implementation Guidance**

-   Train staff on GDPR applicability versus existing obligations under Directive 2002/58/EC.
    
-   Maintain records of obligations and compliance measures to demonstrate continuity.
    
-   Coordinate with supervisory authorities to clarify transitional compliance requirements.
    
-   Periodically review procedures to ensure ongoing alignment and legal compliance.  
      
    

### **Periodic Review**

-   Frequency: Annually or when updates to GDPR or Directive 2002/58/EC occur.
    
-   Responsible Role: Compliance Team, Legal Department, or Data Protection Officer (DPO).
    
-   Outcome: Ensure regulated entities transition smoothly to GDPR while maintaining compliance with prior obligations.  
      
    

### **Non-Compliance Risks**

-   Fines: Up to €20 million or 4% of global annual turnover for GDPR violations.
    
-   Legal Exposure: Regulatory action for misalignment or misunderstanding of transitional obligations.
    
-   Reputational Damage: Loss of trust due to improper application of GDPR or electronic communications rules.
    
-   Operational Risk: Failure to maintain continuity may lead to compliance gaps and enforcement issues.

## Related compliance guidance

- [GDPR compliance: a practical implementation guide for cloud-native SaaS teams](https://support.icompaas.com/compliance/gdpr): How the Regulation fits together as a programme — lawful bases, Article 28/30/32/33 obligations, transfers and the DPIA process.
- [India's DPDP Act 2023: a practical compliance guide for cloud teams](https://support.icompaas.com/compliance/india-dpdp-act-2023): If you also serve users in India, the DPDP Act borrows GDPR concepts but differs on consent, breach reporting and transfers.