# GDPR Article 95: Relationship with Directive 2002/58/EC

- Source: https://support.icompaas.com/support/solutions/articles/62000236442-gdpr-article-95-relationship-with-directive-2002-58-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 Directive 2002/58/EC, which regulates the provision of publicly available electronic communications services within the Union. GDPR complements existing rules without creating duplicative compliance requirements for these entities.  
  

### **Key Principles**

-   No Additional Burden: Entities already complying with Directive 2002/58/EC are not subject to extra GDPR obligations.
    
-   Complementary Regulation: GDPR applies alongside the Directive, ensuring aligned enforcement.
    
-   Scope Specificity: Focuses on publicly available electronic communications services within the EU.
    
-   Regulatory Clarity: Prevents overlapping or conflicting requirements for compliance.  
      
    

### **Organizational Applicability**

This article applies to:

-   Providers of publicly available electronic communications services in the EU.
    
-   Legal and compliance teams ensuring alignment with both GDPR and Directive 2002/58/EC.
    
-   Supervisory authorities monitoring compliance for these entities.  
      
    

### **Implementation Requirements**

-   Recognize that GDPR obligations do not add to existing obligations under Directive 2002/58/EC.
    
-   Document compliance measures taken under the Directive and ensure GDPR alignment.
    
-   Communicate internally that no additional GDPR obligations are required for covered services.
    
-   Ensure supervisory authorities are aware of the complementary regulatory framework.  
      
    

### **Implementation Guidance**

-   Train staff on the relationship between GDPR and Directive 2002/58/EC.
    
-   Maintain records demonstrating adherence to Directive 2002/58/EC while complying with GDPR principles.
    
-   Periodically review legal frameworks to ensure clarity and alignment between GDPR and Directive 2002/58/EC.
    
-   Coordinate with regulatory bodies to clarify responsibilities and avoid redundant compliance measures.  
      
    

### **Periodic Review**

-   Frequency: Annually or when regulatory updates occur.
    
-   Responsible Role: Compliance Team, Legal Department, or Data Protection Officer (DPO).
    
-   Outcome: Ensure smooth regulatory alignment, avoiding duplication of obligations while complying with GDPR.  
      
    

### **Non-Compliance Risks**

-   Fines: Up to €20 million or 4% of global annual turnover for GDPR violations.
    
-   Legal Exposure: Misinterpretation or non-compliance with GDPR or Directive 2002/58/EC.
    
-   Reputational Damage: Loss of trust due to perceived regulatory conflicts or non-compliance.
    
-   Operational Risk: Redundant compliance efforts or gaps may disrupt operations and enforcement.

## 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.