EFTA-GH: Datenschutzrechtliche Anforderungen an Webbasierte SMS-Dienste

The definition in Art 2 lit a) of Directive 2002/21/EC for the term “electronic communications network” must be interpreted as encompassing a system allowing for the conveyance of signals written as an SMS message on a user’s end device, connected through a web browser, via the internet, to the PHP script software on a telecommunications undertaking’s web domain, which receives the signals, processes them and conveys them in turn to an SMS server in the undertaking’s communications system, which then conveys them over a network to the recipient telephone number.

The definition in Art 2 lit c) of Directive 2002/21/EC for the term “electronic communications service” encompasses a service that consists of the conveyance of signals which takes place on a communications network, as described in the first question, irrespective of whether a fee is collected for such a service, provided that the service is normally provided for remuneration.

The definition in Art 2 lit d) of Directive 2002/21/EC for the term “public communications network” must be interpreted as covering a network as described in the first question, used to provide services as described in the second question, irrespective of whether those services are made available only to the subscribers of the particular undertaking, provided that the network is used wholly or mainly for the provision of such publicly available services.

Amtliche Leitsätze

• Thiele, Clemens