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TPS Breach Costs Company £160,000

Tagged with GDPR HELP, GDPR ADVICE, GDPR, TPS BREACH
by Adam Brogden
in Blog

12-Aug-2019 11:48

The ICO has just fined a telemarketing company £160,000 for failing making calls to people that are registered on the Telephone Preference Service - this is one of a series of fines for companies selling all sorts of products and services about failing to check if the numbers were registered with the TPS before they called them.

Calling people is not illegal. Making telephone calls is explicitly allowed by the ICO if you have appropriate consent in place and also check the TPS before you call. You should also make sure you meet PECR and GDPR rules on privacy but this is not that difficult. Call us for more info but in summary you must:

  1. Check every number before you call and remove anyone on the TPS

  2. Remember TPS is updated constantly and you have to check at least every 28 days for new numbers - this means you must check your entire list at least every 28 days

  3. If someone asks you to stop then you must remove them - keep your own opt-out list and remember to remove these

  4. If you buy data you must make sure you have a GDPR compliant contract and you check how the seller collected consent to sell the number to a third-party

  5. Be transparent - make sure people can contact you to ask you to stop

  6. Make sure you GDPR processes are in place and your staff are trained

  7. Make sure you respond to every request promptly and courteously - your staff must understand how to handle a SAR or complaint

GDPR and PECR rules apply - failing to test numbers against TPS is just asking for trouble.

Call us now for more information.

Good luck all!