September 2024 1. Governing Texts 1.1. Legislation Article 13 of Directive on Privacy and Electronic Communications (2002/58/EC) (as amended) (the ePrivacy Directive) Recital 47, 70, and Article 21 of the General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR) Please note that the Proposed Regulation on Privacy and Electronic Communications (2017/003(COD)) (21 January 2017) (the Draft ePrivacy Regulation), which would replace the ePrivacy Directive is under consideration. In addition, the following legislation in Malta applies to emarketing: the Processing of Personal Data (Electronic Communications Sector) Regulations of 2003 (the Regulations); and the Data Protection Act XX