There is a limited exception for your own previous customers, often called the ‘soft opt-in’. You can also email or text an existing customer who has bought (or discussed buying) a similar product or service from you in the past – but only if you gave them a clear chance to opt out of getting marketing emails or texts when you collected their details, and in every message. Some organisations try to get round the rules by asking people to forward a marketing message to their friends. GDPR Cookie Consent; CCPA Cookie Consent What kind of areas do PECR cover? In the ICO's view, contacting an individual to request consent for direct marketing is, in and o… The rules on electronic mail marketing are in regulation 22. We have updated the section what are PECR to include references to director liability for serious breaches. Here are some of the rules about email marketing under the PECR: You can't normally send a person marketing emails without their consent If you are marketing using direct messaging via social media, the electronic mail marketing rules apply. We now know for certain that come 25 May 2018, PECR will sit alongside the GDPR, as it currently does with the Data Protection Act. Consent does not last indefinitely. The ICO found that in sending the text messages to the 2.5 million individuals who had opted out of receiving marketing messages via text, EE had breached Regulation 22 of PECR. What are the rules on electronic mail marketing? It also does not apply to non-commercial promotions (eg charity fundraising or political campaigning). PECR relies on the active definition of consent provided by data protection law. 04/18) 20. The rules on electronic mail marketing are in regulation 22. Yes – you must comply if you send a marketing message, or if you ‘instigate’ someone else to send it. The judge ruled that John Lewis had not fulfilled the three conditions necessary in the PECR regulation, in particular that there had been no negotiation for the sale of a product or service. For more information on this area, see our separate guidance: The UK’s independent authority set up to uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals. Regulation 22 of PECR 2003 – the prohibition on non-consensual electronic direct marketing communications – has been a favourite ICO hunting ground for monetary penalties for many years. However, you must have given them a clear chance to opt out – both when you first collected their details, and in every message you send. For more information see the EUR-Lex public statement on re-use. Although affected by the GDPR (General Data Protection Regulation)’s rules on consent, the PECR have not been superseded by the Regulation, so it is essential for organisations to ensure they comply with both laws if they send electronic marketing messages, use cookies or provide electronic communications services to the public. As much as this law is … 22.—(1) This regulation applies to the transmission of unsolicited communications by means of electronic mail to individual subscribers. It’s […] 7 Regulation 22 PECR 8 Regulation 20 PECR 9 Regulation 19 PECR 10 Regulation 21 PECR 11 Regulation 23 PECR . The rules on electronic mail marketing are in regulation 22. Regulation 22, Race Books and Sports Pools Page 3 (Rev. 6. What about texts and other types of electronic message? If you are using personal data, you also need to comply with the Data Protection Act and the UK GDPR. The term ‘soft opt-in’ is sometimes used to describe the rule about existing customers. 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