Tag Archives: PECR

Privacy and Electronic Regulations (Amendment) 2018

The UK government has issued the Privacy and Electronic Communications Regulations (Amendment) 2018 (ePrivacy Regs), which comes into force on 17 December 2018. The ePrivacy Regs amend the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR) and modify the application of the Data Protection (Monetary Penalties) (Maximum Penalty and Notices) Regulations 2010 and the … Continue Reading

First tribunal case overturning an ICO fine for sending marketing emails without opt-in consent

In Xerpla Ltd v. Information Commissioner [2018] UKFTT 2017_0262 (GRC) (14 August 2018), an English General Regulatory Tribunal has overturned a fine, issued by the Information Commissioner’s Office (ICO) against the direct marketing company, Xerpla Ltd, after the ICO determined that Xerpla had failed to obtain the necessary consents for electronic communications to its subscribers. … Continue Reading

Optical Express appeal highlights the need for caution over third-party marketing lists

In a decision of 31 August 2015, the First-Tier Tribunal provided important clarification on the use of third-party mailing lists. Optical Express v Information Commissioner (EA/2014/0014) is significant for organisations that use or are considering using such lists. The case was concerned with an appeal by Optical Express (‘OE’) against an Enforcement Notice issued by … Continue Reading
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