Technology & Computing

When did Pecr come into force?

By: Dylan MorrisUpdated: January 04, 2021


Site Statistics

  • Questions
  • Answers
  • Categories
  • Last Updated
    May 18, 2022
This guide covers the latest version of PECR, which came into effect on 29 March 2019. The EU is in the process of replacing the e-privacy Directive with a new e-privacy Regulation to sit alongside the GDPR.

Furthermore, what is soft opt in?

Soft Opt-in is a form of temporary permission to send email marketing campaigns. We need to remember that a Soft Opt-in may be used where the direct marketing relates to the individual's interest in products and services, which this individual would expect to receive promotional material about.

Similarly, what is covered under GDPR?

The full GDPR rights for individuals are: the right to be informed, the right of access, the right to rectification, the right to erasure, the right to restrict processing, the right to data portability, the right to object and also rights around automated decision making and profiling.

How many data protection principles are there?

At a glance
  • The GDPR sets out seven key principles: Lawfulness, fairness and transparency. Purpose limitation. Data minimisation. Accuracy. Storage limitation. Integrity and confidentiality (security) Accountability.
  • These principles should lie at the heart of your approach to processing personal data.

What does Pecr stand for?

Privacy and Electronic Communications Regulations


What is EU cookie law?

EU cookie law (ePrivacy Directive)
Regulations are EU laws that apply automatically and uniformly to all EU countries without the need for interpretation and implementation on a national level. Whatever is passed into law under a regulation will be binding and immediately enforceable in the whole of Europe.

What is a data protection controller?

The role of a data controller is to determine who shall be responsible for compliance with data protection rules and how data subjects can exercise their rights. Putting it simply, they are the manager of personal data, they instruct the processor.

What does the Data Protection Act 1998 do?

How the Data Protection Act works. The Data Protection Act was developed to give protection and lay down rules about how data about people can be used. The 1998 Act covers information or data stored on a computer or an organised paper filing system about living people.

What is direct marketing ICO?

Direct marketing is defined in section 122(5) of the Data Protection Act 2018 as: “the communication (by whatever means) of advertising or marketing material which is directed to particular individuals”.

What is the purpose of the Digital Economy Act 2017?

The Act will: empower consumers and provide better connectivity so that everyone has access to broadband wherever they live. build a better infrastructure fit for the digital future. enable better public services using digital technologies.

What is a public electronic communications network?

A 'public electronic communications network' is defined in section 151 of the Communications Act 2003 as: “an electronic communications network provided wholly or mainly for the purpose of making electronic communications services available to members of the public”.

Do I need permission to send marketing emails?

Most country's email marketing laws stipulate that people need to give you permission to email them in order for you to send them campaigns. If you don't have implied permission to email a person, then you'll need express permission.

What is soft opt out?

Families will have the final say, which is also the case at the moment. In other words, they can overrule their relative's wishes, whatever they were. This is known as a “soft opt-out” system.

Can I email customers after GDPR?

This means for your customers, that you can contact them about what they have bought but you cannot send them additional marketing email unless they consented (GDPR) and opted in (ePrivacy) to this. Some companies opt for legitimate interest as the lawful basis for processing instead of consent for marketing purposes.

Can I send marketing emails to my customers?

So you are all set to send marketing emails as well as talk to customers about their purchase. However, if your customer hasn't given you consent and opt-in freely, you can't force them into it or worse, make your service dependent on consent. If your content is good, your customers will want to receive it.

Can I send emails to businesses?

Anti-spam law restricts the sending of unsolicited marketing emails ('spam') to individual subscribers. Unsolicited emails can still be sent to corporate subscribers if they are relevant to their work. A 'marketing' email is not defined by the law either but must include any email promoting your goods and services.

What is a service email?

A service email is one that can be sent to recipients, regardless of whether they have given you marketing permission or not. This practice is usually undertaken when the communication is part of the service being supplied (online statement alert, ticket delivery, flight cancellation etc).

Does GDPR require opt in?

The GDPR lists specific requirements for lawful consent requests, but must also be given with a clear affirmative action. In other words, individuals need a mechanism that requires a deliberate action to opt in, as opposed to pre-ticked boxes.

Is soft opt in allowed under GDPR?

Soft Opt-in Under GDPR
No, as soft opt-in does not considered as explicit consent under GDPR, it is not an acceptable practice. Soft opt-in is a form of temporary consent given by individuals while collecting their email details. If the individual didn't say “yes”, it means “no”.

Is a newsletter direct marketing?

DIRECT MARKETING: Read all about it! - Email newsletters allow companies to communicate directly with their consumers. "If you often click on a certain section - for example soups or recipes - we will make sure future newsletters give you more of that kind of information.