A Guide to the Privacy and Electronic Communications (EC Directive) Regulations 2003

  • Price: £3.60
  • Published: September 2016
  • Type: Business Information Factsheet
  • Format: PDF

The Privacy and Electronic Communications (EC Directive) Regulations 2003 regulate the use of electronic marketing, including the use of electronic mail (such as e-mail, SMS and picture and video messaging) and fax and automated calling systems. They also regulate the use of internet tracking software (including website cookies).

The Regulations stipulate that electronic mail or fax marketing messages can only be transmitted with the recipient's consent. There are exceptions if the recipient's details were obtained through a sale or through negotiations for a sale, the messages are about similar products or services, and the recipient was given the opportunity to opt out of receiving the messages when their details were collected - and in every subsequent communication. Website cookies may not be used unless the visitor to the site is given clear information about their purpose and the opportunity to refuse or remove the cookies.

This factsheet explains what the Regulations cover, who they apply to and the obligations placed on all organisations and individuals that use electronic communications for marketing to their customers.

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