May 2003
Directive on Privacy and Electronic Communications (DPEC)
On 31st October 2003 new regulations will come into force in the UK on the way in which electronic business can be conducted.
The Regulations will implement the European Directive on Privacy and Electronic Communications (2002/58/EC) ('the DPEC'). A public consultation is in process and your views on how the DPEC would best be implemented in the UK are invited by the DTI. The deadline for your submissions is 19th June 2003.
The Directive will have the biggest impact on businesses which run directory services, offer mailing lists and electronic marketing support services. The Regulation will however impact on all businesses and the final Regulations will be prepared by the DTI taking into account the responses received.
Summary of the Main Changes impacting on all businesses.
1. The DPEC extends controls on unsolicited direct marketing to all forms of electronic communication including unsolicited email and SMS to mobile telephones. Prior consent of the receiver will be required in all cases except in the context of an existing customer relationship where companies may continue to email or SMS on an 'opt-out' basis.
2. The DPEC introduces new information and consent requirements on entries in publicly available directories, including a requirement that all subscribers are given information on all usage possibilities of these directories, for example reverse searching from a telephone number to obtain a name and address. The DPEC removes the possibility for a subscriber to be charged for exercising the right not to appear in a public directory.
3. The DPEC introduces controls on the use of cookies on web sites. Anyone who employs this kind of tracking device must provide information on them and allow subscribers or users to refuse to accept them if they wish.
Details of final measures will be published on the DTI website in August 2003 to allow business to familiarise themselves with the provision in advance of the 31st October deadline.
If you want further information on the Directive and what it means for your business do email us with your questions briffa@briffa.com