Privacy and Electronic Communications (EC Directive) Regulations 2003
Encyclopedia
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.
This is somewhat similar to the US Do not call registry. However, it includes all electronic communications such as email or SMS mobile phone messages.
One of the key points of this legislation is that it is unlawful to send someone direct marketing who has not specifically granted permission (via an opt-in agreement) unless there is a previous relationship between the parties. Organisations cannot merely add peoples details to their marketing database and offer an opt out after they have started sending direct marketing. For this reason the regulations offer more consumer protection from direct marketing.
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 £5000.
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
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.
This is somewhat similar to the US Do not call registry. However, it includes all electronic communications such as email or SMS mobile phone messages.
One of the key points of this legislation is that it is unlawful to send someone direct marketing who has not specifically granted permission (via an opt-in agreement) unless there is a previous relationship between the parties. Organisations cannot merely add peoples details to their marketing database and offer an opt out after they have started sending direct marketing. For this reason the regulations offer more consumer protection from direct marketing.
The regulations can be enforced against an offending company or individual anywhere in the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
. The Information Commissioner
Information Commissioner
The role of Information Commissioner differs from nation to nation. Most commonly it is a title given to a government regulator in the fields of freedom of information and the protection of personal data in the widest sense.-Canada:...
'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 £5000.