Q: What do I need to do about the new rules on cookies?
The law which applies to how you use cookies and similar technologies for storing information on a user’s equipment such as their computer or mobile device changed on 26 May 2011. Our
advice on the new cookies regulations sets out these changes and explains what steps you need to take to ensure you comply.
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Q: What do I need to know about the amended Regulations?
The new Regulations came into force on 26 May 2011. Most of the Regulations are still the same and our existing guidance still applies. The major changes relate to cookies, the need for public electronic communications service providers to report personal data breaches, and the powers the Information Commissioner has to enforce these Regulations. View our statement on
enforcing the revised Privacy and Electronic Communications Regulations.
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Q: I want to market my customers, both existing and potential, by phone, fax and email. Is there anything I need to be aware of?
There are different requirements under the regulations for the different types of marketing. You should read our guidance before starting your marketing campaign. Marketing by post falls under the Data Protection Act.
In brief:
Telesales
You must ensure that people you are contacting are not registered on the Telephone Preference Service (TPS). If they are registered or have already asked you not to call, you cannot make an unsolicited direct marketing call to them.
Faxes
You must ensure that people you are contacting are not registered on the Fax Preference Service (FPS). If they are registered or have already asked you not to fax, you cannot send an unsolicited direct marketing fax to them.
Emails and text message
You must not contact individuals without their prior consent unless you have obtained their details in the course of a sale or negotiations of a sale, you only contact them about your own similar products or services and you give them the opportunity to opt out of receiving further marketing messages each time.
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