Article 11.1

In this chapter and the provisions based thereon, the following definitions shall apply:

• a.

  user: a natural person who uses a publicly available electronic communications service for private or business purposes without necessarily subscribing to that service;

• b.

  traffic data: data processed for the transmission of communications over an electronic communications network or for billing purposes;

• c.

  processing of traffic data: processing referred to in Article 4, section 2, of the General Data Protection Regulation, with the proviso that the operations in question include traffic data of subscribers who are not natural persons;

• d.

  location data: data processed in a public electronic communications network or service that indicates the geographic position of the peripheral equipment of a user of a public electronic communications service;

• e.

  communication means information exchanged or conveyed between a finite number of parties by means of a publicly available electronic communications service; it does not include information conveyed over an electronic communications network by means of a broadcasting service, except where the information can be related to the identifiable subscriber or user receiving the information;

• f.

  call: a connection established by means of a publicly available electronic communications service that enables voice communication between users or subscribers back and forth;

• g.

  consent of a user or subscriber: consent of a data subject referred to in Article 4, section 11, of the General Data Protection Regulation, it being understood that consent may include data of subscribers who are not natural persons;

• h.

  value-added service: service that requires the processing of traffic data or location data, other than traffic data, beyond what is necessary for the transmission of a communication or the billing thereof;

• i.

  electronic message: text, voice, sound or image message sent over a public electronic communications network and capable of being stored in the network or in the recipient's peripheral equipment until retrieved by the recipient;

• j.

  personal data breach: a breach of security resulting in the accidental or unlawful destruction, loss, alteration of, or unauthorized access to personal data transmitted, stored or otherwise processed in connection with the provision of a publicly available electronic communications service in the European Union.