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This Directive aims to harmonise Member States' provisions concerning the obligations of the providers of publicly available electronic communications services or of public communications networks with respect to the retention of certain data which are generated or processed by them, in order to ensure that the data are available for the purpose of the investigation, detection and prosecution of serious crime, as defined by each Member State in its national law.

This Directive shall apply to traffic and location data on both legal entities and natural persons and to the related data necessary to identify the subscriber or registered user. It shall not apply to the content of electronic communications, including information consulted using an electronic communications network.

The data retained are provided only to the competent national authorities in specific cases and in accordance with national law. They are retained for periods of not less than six months and not more than two years from the date of communication. Member States have to take necessary measures to ensure that any intentional access to, or transfer of, data retained is punishable by penalties, including administrative or criminal penalties, that are effective, proportionate and
dissuasive. Each Member State will designate a public authority to be responsible for monitoring the application within its territory of the provisions adopted regarding the security of stored data.

Following entry into force of the directive, Member States will have as a general rule 18 months in which to comply with its provisions.