The legal framework
Article 7 of the Charter of Fundamental Rights guarantees respect for private and family life, the home and communications; Article 8 adds the protection of personal data, implemented by the GDPR. Directive 2002/58/EC specifically protects the confidentiality of electronic communications, including messages exchanged in an app. The Charter applies only when member states implement Union law; beyond that, the European Convention on Human Rights, which is separate from the Union, takes over.
The commonest confusion is between the European Union and the Council of Europe. The European Convention on Human Rights, its Article 8 and the Strasbourg Court are not EU institutions: two distinct systems protect privacy, before different judges.
The Charter does not apply to everything. It binds member states only when they implement Union law — applying the GDPR, for instance. A purely domestic dispute is governed by national law and the Convention.
The ePrivacy Directive protects the confidentiality of electronic communications. It underpins the prohibition on a provider reading message content and the consent requirement for placing a tracker.
Key points
| Instruments | Charter of Fundamental Rights, Articles 7 and 8; Directive 2002/58/EC |
|---|---|
| Scope of the Charter | Binds member states when implementing Union law |
| Communications | Confidentiality protected, including private messages |
| Relationship | Outside Union law, the European Convention on Human Rights applies |
| Data | The GDPR is the operational instrument of Article 8 |
| Courts | Court of Justice for the Charter, European Court of Human Rights for the Convention |
In practice
- Check first what kind of instrument it is: a regulation applies directly, a directive must be transposed and leaves differences between states.
- Consult the consolidated version on EUR-Lex, which incorporates every amendment.
- Identify the national transposing statute: that is what a court will actually apply.
- Where the meaning is disputed, look for Court of Justice judgments on the point.
- For a cross-border dispute, check whether a national contact point or a European network can help.
Cost and coverage
Consulting Union law costs nothing: EUR-Lex publishes every text free of charge, in twenty-four official languages and in consolidated form. Any cost lies in legal advice, where the interaction between the European text and the national transposing statute becomes decisive — common with directives, rare with regulations.
Where to go
- EUR-Lex, the official portal of Union law, publishing every text in twenty-four languages
- The European e-Justice Portal, for cross-border procedures
- Your Europe, the Commission's information service for citizens
- SOLVIT, the network that resolves misapplication of Union law by an administration
- The European Consumer Centre in your country, for cross-border consumer disputes
Worth knowing
Do not confuse the European Union with the Council of Europe: the European Convention on Human Rights and the Strasbourg Court are not EU bodies and cover forty-six states, including Switzerland and the United Kingdom.
Frequently asked questions
Does the Charter apply to every situation?
No, only where member states implement Union law. Outside that, the European Convention on Human Rights protects privacy.
What is the difference between Articles 7 and 8?
Article 7 covers private and family life, the home and communications; Article 8 covers personal data specifically, implemented by the GDPR.
Are my private messages protected?
Yes, Directive 2002/58/EC protects the confidentiality of electronic communications.
Which court hears a complaint?
The Court of Justice for the Charter; the European Court of Human Rights for the Convention, after domestic remedies are exhausted.
Official sources and links
- UN Human Rights Office — ratified treaties and country reviews
- ILO NATLEX — national legislation database