23Article 6(2) and (5) of Directive 2002/58 contains an exception to the confidentiality of communications laid down in Article 5(1) by authorising traffic data processing in accordance with the requirements of billing services (see, to that effect, Case C-275/06 Promusicae [2008] ECR I-271, paragraph 48). As it constitutes an exception, that provision of that directive, and therefore also the words ‘under the authority’, are to be interpreted strictly (see Case C-16/10 The Number (UK) and Conduit Enterprises [2011] ECR I-691, paragraph 31). Such an interpretation requires that the service provider has an actual power of supervision which enables him to determine whether the assignee of the claims for payment is acting in compliance with the conditions imposed on it with respect to the processing of traffic data.
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