PECR Amendment Regulations Published
Published 7 April 2015
Last month we reported the government's intention to amend PECR to make it easier for the ICO to fine companies sending spam texts and making nuisance calls by removing the requirement for the ICO to prove substantial damage and distress. The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2015 have now been published and remove the damage/distress limb.
The section now simply states that in relation to a breach of the requirements of PECR, the ICO may impose a civil monetary penalty where the person breaching the regulations relating to automated calls, unsolicited calls, faxes and electronic mail for marketing purposes “knew or ought to have known that there was a risk that the contravention would occur”, but “failed to take reasonable steps to prevent the contravention”.
As a result of the change, the ICO stated “We’ve been pushing for this change for two years, and we’re sure it will make a difference. The change will help us to make more fines stick, and more fines should prove a real deterrent to the people making these calls".
To view the ICO press release, please click here.
To view the new regulations implementing this change, please click here.
To view the updated monetary penalty notice guidance, please click here.
What action could be taken to manage risks that may arise from this development?
Continue to ensure that they and any tele-marketing vendors used comply with the obligations of PECR.