Privacy and Electronic Communications (EC Directive) Regulations 2003
Statutory Instrument
Parliament of the United Kingdom
CitationSI 2003/2426
Introduced byStephen Timms (Commons)
Dates
Made18 September 2003
Laid before Parliament18 September 2003
Commencement11 December 2003
Other legislation
AmendsTelecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000
Electronic Communications (Universal Service) Order 2003
Repeals/revokesTelecommunications (Data Protection and Privacy) Regulations 1999
Telecommunications (Data Protection and Privacy) (Amendment) Regulations 2000
Made underEuropean Communities Act 1972
TransposesePrivacy Directive
Status: Current legislation
Text of statute as originally enacted
Text of the Privacy and Electronic Communications (EC Directive) Regulations 2003 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Privacy and Electronic Communications (EC Directive) Regulations 2003 is a law in the United Kingdom which made it unlawful to, amongst other things, transmit an automated recorded message for direct marketing purposes via a telephone, without prior consent of the subscriber. The law implements an EU directive, the Privacy and Electronic Communications Directive 2002.[1]

One of the key tenets of this legislation upholds that it is unlawful to send someone direct marketing if they have not specifically granted permission (via an opt-in agreement) in the absence of a previous relationship between the parties. Organisations cannot merely add people's details to their marketing database and offer an opt out after they have started sending direct marketing. For this reason the regulations offer increased consumer protection from direct marketing.[1]

The regulations can be enforced against an offending company or individual anywhere in the European Union. The Information Commissioner's Office has responsibility for the enforcement of unsolicited e-mails and considers complaints about breaches. A breach of an enforcement notice is a criminal offence subject to a fine of up to £500,000 depending on the circumstances.[1]

References

  1. 1 2 3 "What are PECR?". ico.org.uk. 9 January 2019. Retrieved 5 July 2019.


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