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Communications and the law

Data Protection Act

Communications and the law

The new UK law on Privacy and Electronic Communications (EC Directive) Regulations 2003 came into force on 11 December 2003. But what impact could it have on your business and what do you need to be aware of?

What you need to know

The law affects any direct marketing by telephone, fax, email and sms to customers. Here we will only address the issues for business-to-business marketing. You are obliged to:

1. Make it clear who is sending the communication and provide your contact details
2. Provide the recipient with a clear opt-out facility on all communications

However, if you are marketing to a sole trader or a partnership the ‘opt-in’ rule applies and you must have the consent of the recipient before you can send marketing communications to them. In addition, any opt-in is time limited - it is not considered to be an opt-in for life.

Marketers in the UK have until March 2004 to get their systems in place to ensure they are operating within the law.

The Penalties

The Information Commissioner will enforce the regulations using the powers and mechanisms under the 1998 Data Protection Act. In addition individuals who suffer damage by reason of any infringement of the rules will be able to bring proceedings for compensation. Ofcom already has powers under the Communications Act 2003 to take action and levy fines of up to £5000 for persistent misuse of telecommunications networks.

Your next steps:

• Review and update your internal marketing processes and systems
• Ensure that future marketing communications make it clear who the sender is and how they can be contacted
• Ensure that all marketing communications provide an opt-out facility for the recipient
• Ensure that your internal processes will avoid sending further information to anyone that has opted out of further marketing communications

More Information:

The Act
http://www.hmso.gov.uk/si/si2003/20032426.htm

Guidance
http://www.informationcommissioner.gov.uk/eventual.aspx?id=96

If you would like an independent review of your systems and processes, or advice on how to ensure your business complies with the new law, please contact our office or email results@shapingbusiness.com.