Directories of subscribers

1 preliminary ruling

of 27 Oct 2022, C-129/21 (Proximus)

Article 12(2) of Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector, as amended by Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009, read in conjunction with point (f) of the second paragraph of Article 2 of that directive and with Article 95 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation),must be interpreted as meaning that ‘consent’ within the meaning of Article 4(11) of that regulation is required from the subscriber of a telephone service operator in order for the personal data of that subscriber to be included in publicly available telephone directories and directory enquiry services published by providers other than that operator, and that that consent may be provided to that operator or to one of those providers.

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