Privacy and Electronic Communications Regulations

Read the Privacy and Electronic Communications Regulations in full:

These regulations were amended in 2004, 2011, 2015, 2016 and 2018. The changes are set out in:

• The Privacy and Electronic Communication Regulations (EC Directive) (Amendment) Regulations 2004  – to enable companies and other corporate bodies to register with the Corporate Telephone Preference Service.
• The Privacy and Electronic Communications Regulations (EC Directive) (Amendment) Regulations 2011 – amend various provisions, including the rules on cookies, breach notifications and the Commissioner's powers.
• The Privacy and Electronic Communications Regulations (EC Directive) (Amendment) Regulations 2015 – to allow emergency alert texts, and to make it easier to take action for serious breaches of the marketing rules.
• The Privacy and Electronic Communications Regulations (EC Directive) (Amendment) Regulations 2016 – to require anyone making any kind of marketing call to display their number.
• Section 35 of the Financial Guidance and Claims Act 2018 – this bans cold-calling of claims management services.

• The Privacy and Electronic Communications Regulations (Amendment) Regulations 2018 – this brings in director liability in regard to serious breaches of the marketing rules.

• The Privacy and Electronic Communications (Amendment) (No.2) Regulations 2018 - this bans cold-calling in regard to pension schemes  unless the caller is a trustee or manager of the scheme, or authorised by the Financial Conduct Authority, and there is a clearly defined customer relationship.

European Commission Regulation 611/2013 sets out more detailed rules on notification of security breaches.