The Privacy and Electronic Communications
Regulations 2003
The Privacy and Electronic Communications Regulations 2003 (‘the regulations’) give rules that govern
electronic marketing
.
The regulations also give rules about matters such as using calling-line identification, ‘cookies’ and directories. To find out more on these, please see part 2 of our guidance note ‘Privacy and Electronic Communications Regulations guidance’ or call our helpline on 08456 306060.
What do the regulations say?
Telesales calls
Telesales calls are ‘live’ marketing calls, where you speak to a person. Telesales do not
include genuine market-research calls, recorded messages or silent calls.
Silent calls can occur where automated diallers call a range of numbers and there is no
call-centre worker free to talk to the recipient.
For more advice about silent calls please
contact Ofcom on 020 7981 3040, or see its website http://www.ofcom.org.uk/.
Telesales calls should not be made to
anyone
who has registered with the Telephone
Preference Service (TPS) or the Corporate Telephone Preference Service CTPS), unless
they have told the caller that they wish to receive such calls from them.
Also, they should not be made to anyone who has told the caller directly that they
do not wish to receive calls. If you wish to register your objection to receiving such calls, let the caller know in writing, making sure you date the letter and keep a copy.
Automated calls
Automated marketing calls are pre-recorded marketing messages and can only be
used with the prior permission of an individual or organisation. They do not include ‘live’ sales
calls (where you speak to a person), voicemail messages or ‘silent calls’.
Faxes
Marketing faxes should not be sent to individuals without their prior permission, and should
not be sent to
anyone
(individual or business) who has registered their number on the Fax
Preference Service (FPS).
Also, such faxes should not be sent to anyone who has objected to getting them. If you want
to object, you should do so in writing. Be sure to include the date and keep a copy of the letter.
Electronic mail
Electronic mail is emails, SMS (text), picture, video and answer-phone messages. Electronic
mail marketing messages should not be sent to individuals without their permission unless
all
these following criteria are met:
1. The marketer has obtained your details through a sale or negotiations for a sale.
2. The messages are about similar products or services offered by the sender.
3. You were given an opportunity to refuse the marketing when your details were
collected and, if you did not refuse, you were given a simple way to opt out in every
future communication.
The regulations do not cover electronic mail marketing messages sent to businesses.
Spam
Most bulk ‘spam’ is sent from outside the UK. If you have a general problem with
spam sent from overseas, then there is little help we can give. However, you
could speak to your internet service provider (ISP) for advice on spam filters, or see
our web pages on spam for general practical advice.
What should I do if I think the regulations have been breached?
If you think the regulations have been breached, you should write to or email the organisation concerned (remembering to keep a copy of all correspondence). Tell them about the problem and allow them time to put things right. In many cases, things can be resolved quickly without us getting involved. You can also call our helpline for advice about what you can do to resolve the matter on 08456 306060.
What if I cannot resolve the matter myself?
If you have contacted the organisation about the problem but have been unable to resolve it, we may be able to help.
If necessary, we will investigate the problem further. If we think the law has been broken, we can give the organisation advice and ask them to solve the problem. In the most serious cases, we can order them to do so.
We cannot award you compensation or punish an organisation for breaking the law. Our main aim is to get the organisation to change the way it works so that it complies with the regulations in future.
If you feel you have reason to complain, you can view more information on when and how to complain about the electronic marketing messages here.