ePrivacy

This subtopic considers the UK ePrivacy regime governing confidentiality of communications, electronic marketing, cookies and other storage and access technologies (SATs), location data, security and breach notification. The principal legislation is the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR 2003), SI 2003/2426, which operate alongside the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR), the Data Protection Act 2018 (DPA 2018) and the Data (Use and Access) Act 2025 (DUAA 2025).

To keep up to date with changes to, and enforcement of, ePrivacy law, see Practice Notes: UK ePrivacy law reform—tracker and PECR 2003 enforcement by the Information Commissioner’s Office—tracker.

For information relating to the EU ePrivacy regime, see: ePrivacy (EU Law)—overview.

Direct marketing

PECR 2003 regulates unsolicited direct marketing by electronic mail (including email and text messages), live and automated telephone calls and fax. It includes rules requiring, in many cases, consent to receive direct marketing via electronic

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