Complements the general data protection regulation and sets out more-specific privacy rights and requirements on electronic communications.
PECR restrict unsolicited marketing by phone, fax, email, text, or other electronic message.
There are different rules for different types of communication. The rules are generally stricter for marketing to individuals than for marketing to companies. The organisation will often need specific consent to send unsolicited direct marketing.
The best way to obtain valid consent is to ask customers to tick opt-in boxes confirming they are happy to receive marketing calls, texts or emails from the organisation.
The PECR defines specific rules on: marketing calls, emails, texts and faxes; cookies (and similar technologies);keeping communications services secure; and customer privacy as regards traffic and location data, itemised billing, line identification, and directory listings.
Routine customer service messages do not count as direct marketing. General branding, logos or straplines in these messages do not count as marketing. However, if the message includes any significant promotional material aimed at getting customers to buy extra products or services or to renew contracts that are coming to an end, that message includes marketing material and the rules apply.
Organisations/communication providers are exempt from any of the rules in PECR if complying with that rule would: breach a provision of another enactment; breach a court order; be likely to prejudice the prevention or detection of crime; or be likely to prejudice the apprehension or prosecution of offenders
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