# Implementation and enforcement — ePrivacy Directive — context bundle

> Focused context for a single provision, curated from overview.legal on 2026-10-18. Canonical page: https://overview.legal/laws/eprivacy/art-15a
> Every item cites its source. Verify against the official text (EUR-Lex / wetten.overheid.nl) before relying on it.

## Provision

### Implementation and enforcement — Implementation and enforcement

*ePrivacy Directive, eprivacy-art-15a-en — https://overview.legal/laws/eprivacy/art-15a*

1. Member States shall lay down the rules on penalties, including criminal sanctions where appropriate, applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive and may be applied to cover the period of any breach, even where the breach has subsequently been rectified. The Member States shall notify those provisions to the Commission by 25 May 2011, and shall notify it without delay of any subsequent amendment affecting them. Member States shall lay down the rules on penalties, including criminal sanctions where appropriate, applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive and may be applied to cover the period of any breach, even where the breach has subsequently been rectified. The Member States shall notify those provisions to the Commission by 25 May 2011, and shall notify it without delay of any subsequent amendment affecting them.

2. Without prejudice to any judicial remedy which might be available, Member States shall ensure that the competent national authority and, where relevant, other national bodies have the power to order the cessation of the infringements referred to in paragraph 1. Without prejudice to any judicial remedy which might be available, Member States shall ensure that the competent national authority and, where relevant, other national bodies have the power to order the cessation of the infringements referred to in paragraph 1.

3. Member States shall ensure that the competent national authority and, where relevant, other national bodies have the necessary investigative powers and resources, including the power to obtain any relevant information they might need to monitor and enforce national provisions adopted pursuant to this Directive. Member States shall ensure that the competent national authority and, where relevant, other national bodies have the necessary investigative powers and resources, including the power to obtain any relevant information they might need to monitor and enforce national provisions adopted pursuant to this Directive.

4. The relevant national regulatory authorities may adopt measures to ensure effective cross-border cooperation in the enforcement of the national laws adopted pursuant to this Directive and to create harmonised conditions for the provision of services involving cross-border data flows. The national regulatory authorities shall provide the Commission, in good time before adopting any such measures, with a summary of the grounds for action, the envisaged measures and the proposed course of action. The Commission may, having examined such information and consulted ENISA and the Working Party on the Protection of Individuals with regard to the Processing of Personal Data established by Article 29 of Directive 95/46/EC, make comments or recommendations thereupon, in particular to ensure that the envisaged measures do not adversely affect the functioning of the internal market. National regulatory authorities shall take the utmost account of the Commission's comments or recommendations when deciding on the measures. The relevant national regulatory authorities may adopt measures to ensure effective cross-border cooperation in the enforcement of the national laws adopted pursuant to this Directive and to create harmonised conditions for the provision of services involving cross-border data flows. The national regulatory authorities shall provide the Commission, in good time before adopting any such measures, with a summary of the grounds for action, the envisaged measures and the proposed course of action. The Commission may, having examined such information and consulted ENISA and the Working Party on the Protection of Individuals with regard to the Processing of Personal Data established by Article 29 of Directive 95/46/EC, make comments or recommendations thereupon, in particular to ensure that the envisaged measures do not adversely affect the functioning of the internal market. National regulatory authorities shall take the utmost account of the Commission's comments or recommendations when deciding on the measures. The relevant national regulatory authorities may adopt measures to ensure effective cross-border cooperation in the enforcement of the national laws adopted pursuant to this Directive and to create harmonised conditions for the provision of services involving cross-border data flows. The national regulatory authorities shall provide the Commission, in good time before adopting any such measures, with a summary of the grounds for action, the envisaged measures and the proposed course of action. The Commission may, having examined such information and consulted ENISA and the Working Party on the Protection of Individuals with regard to the Processing of Personal Data established by Article 29 of Directive 95/46/EC, make comments or recommendations thereupon, in particular to ensure that the envisaged measures do not adversely affect the functioning of the internal market. National regulatory authorities shall take the utmost account of the Commission's comments or recommendations when deciding on the measures.

## Guidance

### Opinion 24/2026 on the draft decision of the French Supervisory Authority regarding the Controller Binding Corporate Rules of the Michelin Group

*EDPB — https://overview.legal/posts/599340*

Opinion 24/2026 on the draft decision of the French Supervisory Authority regarding the Controller Binding Corporate Rules of the Michelin Group Adopted on 13 October 2026 1 | Adopted 2 | Adopted The European Data Protection Board Having regard to Article 63, Article 64(1)(f) and Article 47 of the 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…

### Guidelines 3/2025 on the interplay between the DSA and the GDPR

*EDPB — https://overview.legal/posts/51175*

G uidelines 3/2025 on the interplay between the DSA and the GDPR Version 2.0 Adopted on 17 September 2026 1 | Adopted Version history Version Date Adoption information Version 2.0 17 September 2026 Adoption of the Guidelines after public consultation Version 1.1 12 September 2025 Minor corrections in the executive summary Version 1.0 11 September 2025 Adoption of the Guidelines for public consultation 3 | Adopted of special categories of data to present advertisements based on profiling.…

### Guidelines 04/2026 on the application of the power to impose administrative fines in relation to other corrective powers under the GDPR

*EDPB — https://overview.legal/posts/354309*

Guidelines 04/2026 on the application of the power to impose administrative fines in relation to other corrective powers under the GDPR Version 1.0 Adopted on 17 September 2026 1 | Adopted Version history Version Date Adoption information version 1.0 17 September 2026 adoption of the guidelines for public consultation 2 | Adopted Executive summary The European Data Protection Board (EDPB) has adopted these guidelines to harmonise the methodology for determining whether an administrative fine…

### Opinion 22/2026 on the draft decision of the Dutch Supervisory Authority regarding the Controller Binding Corporate Rules of the DSM Firmenich Group

*EDPB — https://overview.legal/posts/449771*

Opinion 22/2026 on the draft decision of the Dutch Supervisory Authority regarding the Controller Binding Corporate Rules of the DSM Firmenich Group Adopted on 17 September 2026 1 | Adopted 2 | Adopted The European Data Protection Board Having regard to Article 63, Article 64(1)(f) and Article 47 of the 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…

### Opinion 23/2026 on the draft decision of the Norwegian Supervisory Authority regarding the Controller Binding Corporate Rules of the TGS Group

*EDPB — https://overview.legal/posts/449772*

Opinion 23 / 2026 on the draft decision of the Norwegian Supervisory Authority regarding the Controller Binding Corporate Rules of the TGS Group Adopted on 17 September 2026 1 | Adopted 2 | Adopted The European Data Protection Board Having regard to Article 63, Article 64(1)(f) and Article 47 of the 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…

## Related topics

- **Supervision** — https://overview.legal/topics/supervision
  ## Legal Framework

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Generated by overview.legal · https://overview.legal/laws/eprivacy/art-15a · 2026-10-18
