22 October 2018

Are you compliant with the ePrivacy Regulation?

Don't drop the ball on GDPR, the latest ePrivacy Regulation update came into effect in September 2018. This regulation sits alongside GDPR and has specific rules for marketing over electronic channels. It states that you need consent to contact consumers via email or SMS, unless someone has bought from you before, and then only for similar products or services. The ePrivacy Regulation has the same scope as GDPR and carries an identical penalty system for non-compliance.

The PECR set out the rules on:

- Electronic communications, including marketing emails, faxes, texts and phone calls;
- The use of cookies that track website visitors' information;
- The security of public electronic communications services; and
- The privacy of end users.

PECR cover several areas:

® Marketing by electronic means, including marketing calls, texts, emails and faxes. See the Electronic and telephone marketing section of this guide for more information.

® The use of cookies or similar technologies that track information about people accessing a website or other electronic service. See the cookies and similar technologies section of this guide for more information.

® Security of public electronic communications services. See the security of services and security breaches sections of this guide for more information.

® Privacy of customers using communications networks or services as regards traffic and location data, itemised billing, line identification services (eg caller ID and call return), and directory listings. See the communications networks and services section of this guide for more information.

The EU is in the process of replacing the ePrivacy Directive with a new ePrivacy Regulation to sit alongside the GDPR. However, the new Regulation is not yet agreed. For now, PECR continues to apply alongside the GDPR. So, why not keep as up to date with standard as possible so less work may need to be applied when the new regulations comes into play.

Go to ICO to find out more; https://ico.org.uk/for-organisations/guide-to-pecr/

If you require any GDPR and ePrivacy support to help you become compliant contact [email protected] or 01924 203335.