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Changes In The Law
Collecting Data and using that information to send emails, newsletters and other electronic formats. (The Privacy and Electronic Communications (EC Directive) Regulations 2003). 310k Internet Solutions looks at recent changes in the Law and the steps that companies must take to comply … and the consequences if they don’t.
- What place does information law and privacy have in a customer contact strategy?
- Business-to-consumer marketing and Business-to-business marketing: The impact of information law and privacy
- An EMEA problem: How EU information law and privacy legislation impacts on customer contact strategies.
Many businesses are trying to come to terms with the new “SPAM Laws”; and, Yes, there is confusion out there. The legislators have not helped, the regulators initially struggled to give meaningful guidance, and the practitioners are often tripping themselves up. There is a real need for some clarity of thought and clarity of action here.
Let’s start at the very beginning (did you hum the tune?). July 2002, Directive 2002/58/EC arrives from the European Parliament, directing EU Member states to develop National legislation to protect the privacy rights of individuals who communicate via publicly available telecommunications networks. It is part of a much grander ‘framework’ of directives , with many far reaching implications. In this article our concern is narrower, and looks at the implications for customer contact strategies.
Directive 2002/58/EC is now transposed into UK law as the Privacy and Electronic Communications (EC Directive) Regulations 2003. PECR can be identified as one of the major sources of confusion and has led to much brow beating over opt-in and opt-out contact strategies.
What’s in PECR?
PECR encapsulates the rights and responsibilities of those who communicate via publicly available telecommunications networks, and dictates how our contact strategies must include a regime of consent management. It is not a ‘free-for-all’, you cannot contact who you want, via the channel of your choosing without considering whether your chosen contact wants to receive your message.
Confusion No.1
PECR does not impact on hard copy direct mail: the existing legislation, the Data Protection Act 1998 and the non-mandatory Mailing Preference Service (MPS) still apply.
So, what channels are covered? Phone, Fax and ‘Electronic Mail’. The first two are straightforward, but electronic mail needs a little explanation. Electronic mail and e-mail are not synonymous; e-mail is part of electronic mail which by definition includes “any text, voice, sound or image message sent over a public electronic communications network which can be stored in the network or in the recipient's terminal equipment until it is collected by the recipient and includes messages sent using a short message service”. This means that leaving a voicemail on someone’s telephone system will be included in the definition of electronic mail.