Ref. Ares(2017)4490219 - 14/09/2017
Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs
Single Market Policy, Regulation and Implementation
GROW/B2/AH/bml (2017) 5008172
Mrs Julia Reda
Bât. Altiero Spinelli
60 rue Wiertz
Your application for access to documents – Notification 2017/127/D -
GestDem No 2017/4478
Dear Mrs Reda,
We refer to your e-mail dated 28 July 2017 in which you made a request for access to
documents, registered under the above-mentioned reference number, and to our holding reply
dated 23 August 2017.
Your application concerns "all information, including internal and interservice
communication of the European Commission regarding or in connection with”
the "Draft Act
improving law enforcement on social networks [Netzdurchführungsgesetz – NetzDG]
notified by Germany to the Commission under procedure laid down by Directive (EU)
2015/15351 under No 2017/127/D.
I consider your request to cover documents held up to the date of your application.
Please note that, given the wide scope of your request, we are still in the process of
consultation with other Commission services and third parties. We will provide you with a
complementary reply as soon as the consultation is finished.
The documents ready to be released are listed in the attached table.
The Commission did not react to the notification 2017/127/D, as it is visible at the public
TRIS website http://ec.europa.eu/growth/tools-
1 Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a
procedure for the provision of information in the field of technical regulations and of rules on Information
Society services, OJ L 241, 17.9.2015, p. 1
Commission européenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (32-2) 299 11 11.
Office: N105 04/25. Telephone: direct line (32-2) 2960084. Fax: (32-2) 2998043.
E-mail: [email address]
Following the assessment of the relevant documents, please note that 12 documents that fall
under the scope of your request are publicly available. These are:
the German notification 2017/127/D listed at No 1 of the table, which is accessible
the stakeholders' contributions listed at Nos 3, 4, 7, 8, 10, 11, 12, 13, 14, 17 and 18 of
the table, which are accessible under the section "Contributions
" via http://ec.europa.eu/growth/tools-
Having examined the documents Nos 2, 5, 6, 9, 15 and 16 pursuant to Regulation (EC)
1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public
access to European Parliament, Council and Commission documents2, I am pleased to inform
you that those documents are disclosed.
Document No 15 originates from the European Commission. You may reuse the documents
requested free of charge for non-commercial and commercial purposes provided that the source
is acknowledged, that you do not distort the original meaning or message of the documents.
Please note that the Commission does not assume liability stemming from the reuse3.
Documents Nos 2, 5, 6, 9 and 16 originate from third parties. Please note that documents
received from third parties are disclosed for information only and cannot be re-used without the
agreement of the originator, who holds a copyright on them. They do not reflect the position of
the Commission and cannot be quoted as such.
Some documents to which you have requested access contain personal data. Personal data of
non-senior management Commission staff appearing therein has been redacted from the
documents disclosed to you, as well as personal data of the third parties with whom the
Commission was in correspondence. Pursuant to Article 4(1)(b) of Regulation (EC) 1049/2001,
access to a document has to be refused if its disclosure would undermine the protection of
privacy and the integrity of the individual, in particular in accordance with European Union
legislation regarding the protection of personal data.
The applicable legislation in this field is Regulation (EC) 45/20014 on the protection of
individuals with regard to the processing of personal data by the Union institutions and bodies
and on the free movement of such data. When access is requested to documents containing
personal data, Regulation (EC) No 45/2001 becomes fully applicable5. According to Article 8(b)
of this Regulation, personal data shall only be transferred to recipients if they establish the
2 Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding
public access to European Parliament, Council and Commission documents, OJ L 145, 31.5.2001, p. 43.
3 See the Decision of the Commission of 12 December 2011 (2011/833/EU), OJ L 330/39 of 14 December 2011
for details; this Decision does not apply to documents for which third parties hold the copyrights, Article 2 (2)
4 Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the
protection of individuals with regard to the processing of personal data by the Community institutions and bodies
and on the free movement of such data, OJ L 8, 12.1.2001, p. 1.
5 Judgment of the Court of Justice of the EU in case C-28/08 P, Commission/The Bavarian Lager Co. Ltd
necessity of having the data transferred to them and if there is no reason to assume that the
legitimate rights of the persons concerned might be prejudiced.
We consider that, with the information available, the necessity of disclosing the aforementioned
personal data to you has not been established and/or that it cannot be assumed that such
disclosure would not prejudice the legitimate rights of the persons concerned.
In case you would disagree with the assessment that the expunged data are personal data which
can only be disclosed if such disclosure is legitimate under the rules of personal data protection,
you are entitled, in accordance with Article 7(2) of Regulation (EC) 1049/2001, to make a
confirmatory application requesting the Commission to review this position. Such confirmatory
request has to be submitted to the Secretary-General of the Commission within fifteen working
days of receiving this letter.
All correspondence should be sent either electronically to [email address]
regular mail to the following address:
Transparency unit SG-B-4
Joaquim Nunes de Almeida
Enclosures: - 1 table
- 6 documents
Electronically signed on 13/09/2017 15:06 (UTC+02) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563