One of our recent blogs, titled “To
Email or Not to Email? – Under New Data Protection Laws”, looked into the
PECR and how they affect email marketing, but there are also provisions to
cover telephone marketing.
So, to review, what are the PECR?
PECR are the Privacy and Electronic Communications
Regulations, which are derived from European law, and complement the General
Data Protection Regulation (GDPR).
The purpose of the these regulation is to set out
more-specific privacy rights on electronic communications, recognising the new
risks to individuals’ privacy, with more widespread access to digital mobile
networks and the internet.
In time, the EU will replace the e-privacy Directive with
a new e-privacy Regulation, modernised to work alongside the GDPR. However, the
new Regulation is not yet agreed and for the time being, PECR continues to
apply alongside the GDPR.
The PECR provide more specific rules on:
Marketing calls, emails, texts and faxes
Cookies (and similar technologies)
Keeping communications services secure
Customer privacy as regards traffic and location
data, itemised billing, line identification, and directory listings
Therefore, if your activities include any of the above,
then the PECR affect you.
How do the PECR affect telephone marketing?
Essentially, there are two rules;
cannot call anyone who has instructed you not to call
cannot makes calls to any number which is registered with the TPS (Telephone
Preference Service) or CTPS (Corporate Telephone Preference Service), unless
consent has been given.
When calls are made, you must be clear about who is calling.
You are able to call any individual who has consented to
received marketing calls (consent must be clear, and an opt-in), or in the
absence of consent, as long as that person has not objected to calls, or has
not registered with the TPS or CTPS.
In most cases, sole traders may be registered with the TPS,
whereas companies and government bodies register with the CTPS. When telephone
marketing, you will need to screen against both lists, as well as keeping an
in-house record of “do not call” numbers.