---
title: "Recital 4"
url: "https://prighter.com/resources/laws/e-evidence-directive/recitals/recital-4"
type: "recital"
date: "2026-10-19T19:17:19.445Z"
---

# Recital 4

To avoid divergences in the legal framework and to ensure that undertakings active in the internal market are subject to the same or similar obligations, the Union has adopted a number of legal acts in related fields such as data protection, namely Regulation (EU) 2016/679 of the European Parliament and of the Council ([3](#r3)) and Directive 2002/58/EC of the European Parliament and of the Council ([4](#r4)). To increase the level of protection for the data subjects, Regulation (EU) 2016/679 provides for the designation of a legal representative in the Union by controllers or processors that are not established in the Union but offer goods or services to data subjects in the Union or monitor the behaviour of data subjects if their behaviour takes place within the Union, unless the processing of data is occasional, does not include processing, on a large scale, of special categories of personal data or the processing of personal data relating to criminal convictions and offences, and is unlikely to result in a risk to the rights and freedoms of natural persons, taking into account the nature, context, scope and purposes of the processing or if the controller or processor is a public authority or body.

---

([3](#3)) 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) ([OJ L 119, 4.5.2016, p. 1](https://eur-lex.europa.eu/legal-content/EN/AUTO/?uri=OJ:L:2016:119:TOC)).  
([4](#4)) 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 (Directive on privacy and electronic communications) ([OJ L 201, 31.7.2002, p. 37](https://eur-lex.europa.eu/legal-content/EN/AUTO/?uri=OJ:L:2002:201:TOC)).

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