36As a preliminary point, it should be recalled that, when Member States implement, on the basis of Article 15(1) of Directive 2002/58, legislative measures derogating from the principle of confidentiality of electronic communications enshrined in Article 5(1) of that directive, the protection of data subjects falls within the scope of that directive only in so far as the measures at issue impose processing obligations on providers of such communications services, within the meaning of Article 4(2) of Regulation 2016/679, made applicable by Article 2 of Directive 2002/58, read in conjunction with Article 94(2) of that regulation (see, to that effect, judgment of 6 October 2020, La Quadrature du Net and Others, C‑511/18, C‑512/18 and C‑520/18, EU:C:2020:791, paragraphs 96 and 104 and the case-law cited).
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