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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 complements the general data protection regulation and sets out more-specific privacy rights and requirements on electronic communications.
The regulation restricts unsolicited marketing by phone, fax, email, text, or other electronic communication.
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 Regulation 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 that apply.
Records of Consent
Organisations/communication providers are exempt from any of the rules in the Regulation 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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In addition, the legal texts identified on this website do not represent all the legislation published in relation to the relevant topic areas. AvISO Consultancy selects the legislation which it believes will apply to the organisations and industries with which it is engaged. In addition, there may be some instances where new legislation or amendments to current legislation are introduced, but there is a slight delay between the introduction of that legislation and the availability of it on this website. AvISO Consultancy does not take responsibility for the accuracy of any information provided and would recommend that you take appropriate legal advice in relation to any legislation which is relevant to your organisation, as appropriate. In addition, the content of our webpages does not replace each organisation’s duty to be aware of and comply with the legal requirements applicable to their operations.
Including our quarterly legal compliance updates that are a great resource for evidence for your ISO audits.