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Directors’ responsibility and the ending of unsolicited calls

26 October 2016

The second reading of the Unsolicited Marketing Communications (Company Directors) Bill is expected to take place on 18 November 2016 and signals the strongest move yet by the Government to eradicate nuisance calls. If the Bill receives Royal Assent, it will enable the Information Commissioner’s Office (ICO) in addition to fining companies, to fine company directors up to £500,000 for breaches of the Privacy and Electronic Communications (EC Directive) Regulations (PECR) 2003 relating to unsolicited marketing communications made by a company. The Government anticipates that the new regime will be in place by Spring 2017.

It is not clear until the Bill is published whether it will extend to electronic mail as well as calls and other electronic communications, including text messages; however this information is likely to be available in the week before the second reading.

If the use of direct marketing is absolutely essential to your business then we would urge you to carry out the necessary due diligence to be sure your company has obtained valid consent to send unsolicited communications to individuals.

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