The Privacy and Electronic Communications (EC Directive) Regulations 2003 is a law in the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and Nor ...

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. The law implements an

EU directive The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...

, the

Privacy and Electronic Communications Directive 2002 Privacy and Electronic Communications Directive 2002/58/EC on Privacy and Electronic Communications, otherwise known as ePrivacy Directive (ePD), is an EU directive on data protection and privacy in the digital age. It presents a continuation o ...

. One of the key tenets of this legislation upholds that it is unlawful to send someone direct marketing if they have not specifically granted permission (via an opt-in agreement) in the absence of a previous relationship between the parties. Organisations cannot merely add people's details to their marketing database and offer an opt out after they have started sending direct marketing. For this reason the regulations offer increased consumer protection from direct marketing. The regulations can be enforced against an offending company or individual anywhere in the

European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been ...

. The

Information Commissioner's Office The Information Commissioner's Office (ICO) is a non-departmental public body which reports directly to the Parliament of the United Kingdom and is sponsored by the Department for Digital, Culture, Media and Sport (DCMS). It is the independe ...

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 £500,000 depending on the circumstances.

External links

The Privacy and Electronic Communications (EC Directive) Regulations 2003

References

History of telecommunications in the United Kingdom Statutory Instruments of the United Kingdom 2003 in British law United Kingdom privacy law {{UK-law-stub