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As part of our commitment to continually improve our service and to help our clients meet their legal obligations, we continue to update the Legal Registers on our website and provide free quarterly legal compliance updates to anyone who subscribes. The purpose of these updates is to ensure you stay up to date with any changes in your legal compliance obligations, our updates can also be kept and can be used as evidence that your business is staying up to date with any changes in the legislation, this can be very helpful at audit time.
The Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR) is a UK law that governs electronic communications. It works alongside the Data Protection Act 2018 (DPA 2018) to protect individuals' privacy and regulate the use of electronic communications for marketing purposes.
The primary purpose of PECR is to ensure the privacy and security of electronic communications. This includes regulating marketing activities through electronic channels such as email, SMS, phone calls, and cookies, as well as ensuring the confidentiality of communications and providing specific protections for subscribers and users.
PECR sets out several key requirements for organizations:
PECR applies to:
PECR is enforced by the Information Commissioner's Office (ICO), which has the authority to investigate breaches and issue penalties for non-compliance. Organizations must be diligent in obtaining consent, providing opt-out options, and safeguarding electronic communications to comply with PECR requirements.
The Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR) sets out specific requirements regarding the handling of electronic communications and data privacy. The key evidence requirements under PECR generally focus on proving compliance or non-compliance with its provisions, especially in relation to marketing, cookies, and the security of communications. Here’s a concise overview of the main evidence requirements:
These requirements are crucial for demonstrating compliance during investigations or audits by regulatory authorities such as the Information Commissioner's Office (ICO) in the UK.
The Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR) provide specific exemptions that permit deviations from the usual requirements in certain circumstances. Here’s a breakdown of some of the key exemptions:
These exemptions are designed to balance the need for privacy and data protection with the practicalities of business communications and other vital interests. Always ensure that any application of these exemptions is justifiable under the specific circumstances and compliant with the overarching principles of the regulations.
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Including our quarterly legal compliance updates that are a great resource for evidence for your ISO audits.
If you would like to know more about ISO Standards, Certification and the value of a good management system you can add to your business we would love to hear from you: Kent: 01892 800476 | London: 02037 458 476 | [email protected]