Q&As

What is the standard of consent under the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR 2003), SI 2003/2426 after Brexit? Will it match the standard under the General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR)? What act implements PECR 2003, SI 2003/2426 and the GDPR into UK law after Brexit?

read titleRead full title
Published on LexisPSL on 29/05/2019

The following TMT Q&A provides comprehensive and up to date legal information covering:

  • What is the standard of consent under the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR 2003), SI 2003/2426 after Brexit? Will it match the standard under the General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR)? What act implements PECR 2003, SI 2003/2426 and the GDPR into UK law after Brexit?
  • Standard of consent required under PECR 2003
  • Implementation of the GDPR into UK laws after Brexit
  • Implementation of PECR 2003 into UK laws after Brexit

What is the standard of consent under the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR 2003), SI 2003/2426 after Brexit? Will it match the standard under the General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR)? What act implements PECR 2003, SI 2003/2426 and the GDPR into UK law after Brexit?

Standard of consent required under PECR 2003

Practice Note: Cookies explains that historically, consent was not expressly defined in Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR 2003), SI 2003/2426, with the regulations instead referring to the ePrivacy Directive, which in turn referred to the Data Protection Directive. With the repeal of the Data Protection Directive by the General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR), Article 94(2) of the GDPR specified that references to the Data Protection Directive should be construed as references to the GDPR.

From 29 March 2019, the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (the DPPEC Regulations), SI 2019/419, reg 8 amended PECR

Popular documents