ePrivacy

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This Overview signposts key resources and analysis on ePrivacy within Commercial, linking to guidance, templates and current awareness to support compliance and risk management. In the UK, ePrivacy primarily derives from the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) (PECR), as amended, which implement Directive 2002/58/EC. That sits alongside the UK GDPR and the Data Protection Act 2018, overseen and enforced by the Information Commissioner’s Office (ICO). Core issues include rules on direct marketing by electronic means (email, SMS and live or automated calls), consent standards and the “soft opt‑in” for existing customers, distinctions between individual and corporate subscribers, caller identification, opt‑out mechanisms, and the need to screen against the Telephone Preference Service and Corporate TPS. PECR also regulates cookies and similar technologies, requiring clear and comprehensive information and prior consent unless an exemption applies (for example, strictly necessary cookies). Practitioners should assess traffic and location data provisions, public directories, and security and breach notification duties for providers of public electronic communications services. Compliance typically requires aligning PECR requirements with UK GDPR transparency, lawful basis and accountability obligations, including governance over third‑party marketing and adtech vendors, records...

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