Article 11.5

• 1

  The provider of a public electronic communications network and the provider of a publicly available electronic communications service shall delete or anonymize traffic data processed and stored by them with respect to subscribers or users as soon as such traffic data are no longer needed for the purpose of the transmission of communications, without prejudice to paragraphs 2, 3 and 5.

• 2

  The provider may process traffic data necessary for billing purposes, including the preparation of an invoice for a subscriber or for the person legally committed to the provider to settle that invoice, or for the purpose of payment for access provided. The traffic data may be processed until the end of the statutory period within which the bill may be challenged in court or payment enforced in court.

• 3

  The electronic communications service provider may further process the traffic data referred to in the first paragraph to the extent and for as long as necessary for:

  • a.

    market research or sales activities related to electronic communication services, or

  • b.

    The provision of value-added services,

  provided that the subscriber or user to whom the traffic data relates has given his consent prior to the processing. The subscriber or user may withdraw the given consent for the processing of traffic data at any time.

• 4

  The provider shall inform the subscriber or user of the types of traffic data processed for the purposes referred to in paragraphs 2 and 3 as well as of the duration of the processing. Insofar as it concerns the processing of traffic data for the purposes referred to in paragraph 3, the relevant information shall be provided prior to obtaining the consent of the subscriber or user as referred to in that paragraph.

• 5

  The processing of traffic data in accordance with paragraphs 1 to 4 may only be carried out by persons acting under the authority of the provider for billing, traffic management, handling of customer enquiries, fraud detection as well as market research or sales activities related to electronic communications services or the provision of value added services, and must be limited to what is necessary to carry out those activities.

• 6

  The provider may provide the traffic data to persons and bodies charged with the adjudication of any dispute or the decision of a dispute referred to in Articles 12.1, 12.2 as applicable, or 12.9.