Article 11.7

• 1

  Without prejudice to the General Data Protection Regulation, storing or accessing information in a user's peripheral equipment via an electronic communications network is permitted only on condition that the user concerned:

  • a.

    is provided with clear and complete information in accordance with the General Data Protection Regulation, at least about the purposes for which such information is used, and

  • b.

    authorized to do so.

• 2

  The requirements of subsections 1(a) and 1(b) shall also apply in the event that the storage of information or access to information stored on the peripheral device via an electronic communications network is accomplished by any means other than an electronic communications network.

• 3

  The provisions of the first paragraph do not apply if it concerns storage or access:

  • a.

    for the sole purpose of carrying out communications over an electronic communications network,

  • b.

    strictly necessary to provide the information society service requested by the subscriber or user or - provided that it has no or little impact on the privacy of the subscriber or user concerned - to obtain information about the quality or effectiveness of an information society service provided.

• 4

  An act referred to in the first paragraph, the purpose of which is to collect, combine or analyze data on the user's or subscriber's use of various information society services so that the user or subscriber concerned may be treated differently, shall be presumed to be processing of personal data.

• 5

  A user's access to an information society service provided by or on behalf of a legal entity established under public law shall not be made subject to the granting of authorization referred to in paragraph 1.

• 6

  By or pursuant to an order in council, further rules may be issued, in agreement with Our Minister of Security and Justice, regarding the requirements referred to in subsections 1(a) and 1(b) and the exceptions referred to in subsection 3.