200Questions related to the protection of the confidentiality of communications and personal data must be assessed on the basis of Directive 2002/58 and Regulation 2016/679, which replaced Directive 97/66 and Directive 95/46 respectively, and it should be noted that the protection that Directive 2000/31 is intended to ensure cannot, in any event, undermine the requirements under Directive 2002/58 and Regulation 2016/679 (see, to that effect, judgment of 29 January 2008, Promusicae, C‑275/06, EU:C:2008:54, paragraph 57).
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