Introduction (UK)

The Privacy and Electronic Communications (EU Directive) Regulations 2003 (PECR) sit alongside the UK data protection legislation and specify the privacy rights of individuals in relation to electronic communications.

They govern the rules on:

  • Marketing calls, emails, texts and faxes;
  • Cookies (and similar tracking technologies;
  • Keeping communications services secure and;
  • Customer privacy in regards to traffic and location data, itemised billing, line identification and directory listings.

In the following pages we will be concentrating on the marketing element; remembering that the GDPR gives people greater control over their own personal data, and strengthens the rules around personal data that organisations process as custodians of that data, we believe it is important for any business, small or large to be aware of, and adhere to PECR.

Any non-compliance with PECR could automatically be non-compliant processing of personal data under the GDPR.

Genuine market research does not count as direct marketing.  However if any of the market research includes any promotional material or collects details to use in future marketing campaigns the the survey is for direct marketing and the rules apply.

So let’s start. Is the Information?