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PECR Changes! All Directors and Owners should read this!

Tagged with GDPR HELP, GDPR ADVICE, PECR, GDPR
by Adam Brogden
in Blog

07-Jan-2019 09:14

PECR stands for Privacy and Electronic Communication Regulations. These apply to SMS, email, fax, and telephone. The UK government’s amendment to the PECR (Privacy and Electronic Communications Regulations) took effect on 17 December 2018. The amendment introduced director liability for serious contraventions of the marketing rules. Directors can be personally fined for violations to £500,000.

These regulations are particularly important to people sending marketing messages to their customers and potential customers. PECR runs along side GDPR. In particular, PECR defines the need to have consent and defines what valid consent actually means and how you collect consent from a data subject. We want to keep you safe and ensure that you understand these regulations. Take a look at: https://ico.org.uk/for-organisations/guide-to-pecr/ for more information or call us anytime to discuss.

Where you are using consent as your lawful basis under GDPR it is vital that you are actually able to prove that you have consent. The key word here is ‘prove’. Imagine you are sat in front of the ICO team, can you demonstrate that you collected the information fairly, transparently, and that the data subject actually gave you their consent to send them marketing messages or that they are a previous/existing customer and sending these messages is entirely reasonable?

Being able to prove that you have consent is the key. This is quite tricky so feel free to call us anytime to discuss.

Good luck all.