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GDPR and PECR. Are you sending Email or SMS?

Tagged with gdpr, ico, data, free, freeadvice, gdprtemplate, easygdpr, gdprfree,
by Adam Brogden
in Blog

09-Nov-2018 09:50

Most people are aware of GDPR by now, but have you heard of PECR (Privacy and Electronic Communication Regulations)? PECR has been around for ages, applies to every company and was in force before GDPR. In fact, many ICO fines were actually issued for PECR breaches rather than Data Protection breaches.

PECR applies to any organisations that wants to send electronic marketing messages (by phone, fax, email or text), use cookies or provide electronic communication services to the public.

The Privacy and Electronic Communications Regulations (PECR) sit alongside the Data Protection Act and the GDPR. They give people specific privacy rights in relation to electronic communications. There are specific rules on:

  • Marketing calls, emails, texts and faxes

  • Cookies (and similar technologies)

  • Keeping communications services secure

  • Customer privacy as regards traffic and location data, itemised billing, line identification and directory listings

ICO is committed to take enforcement action against organisations that persistently ignore their obligations, starting with those that generate the most complaints.

So, what does this mean for you? PECR covers several areas, including:

  • Marketing by electronic means, including marketing calls, texts, emails and faxes.

  • The use of cookies or similar technologies that track information about people accessing a website or other electronic service.

  • Security of public electronic communications services.

  • Privacy of customers using communications networks or services as regards traffic and location data, itemised billing, line identification services (e.g. caller ID and call return) and directory listings.

PECR will apply to you if you:

  • Market by phone, email, text or fax

  • Use cookies or a similar technology on your website

  • Compile a telephone directory (or a similar public directory)

PECR is pretty complicated but, trying to put simply, you need to have consent to send electronic marketing communications or at least have an ongoing relationship with that person and are only sending messages about you and your [similar] products and services.

This is a simplification but is basically correct. If you have any concerns please call us. We are always happy to discuss.

Click here to check out the ICO site for more information on PECR.

Good luck all.