PECR Checklist

PECR is the acronym for privacy and electronic communications a set of regulations in the United Kingdom that aims to protect the privacy of individuals and ensure that companies and organizations are transparent about how they collect, use, and store personal data.

PECR applies to the use of electronic communications, such as emails and text messages, for direct marketing purposes, as well as the use of cookies and similar technologies on websites. I

We will take a closer look at PECR and its impact on businesses, as well as provide a checklist of critical requirements that businesses must comply with to ensure they are in compliance with the regulations.”

What is PECR?

The Privacy and Electronic Communications Regulations is a set of regulations in the United Kingdom that governs the use of electronic communications, including emails, text messages, and cookies on websites.

The regulations were put in place to protect the privacy of individuals and ensure that companies and organizations are transparent about how they collect, use, and store personal data.

PECR includes rules on direct marketing, cookies, and privacy notices and applies to both organizations and individuals who are sending electronic communications. Enforcement is by the Information Commissioner’s Office (ICO), which can take enforcement action against organisations that do not comply with the regulations.

PECR checklist

PECR checklist of some of the critical requirements that businesses must comply with under the Privacy and Electronic Communications Regulations (PECR):

PECR checklist

Obtain Explicit Consent

Before sending direct marketing emails or text messages. Businesses must have a transparent opt-in process and be able to demonstrate that individuals have given their consent.

Privacy Policy

Provide clear and prominent privacy notices. Businesses must inform individuals about the types of cookies that are being used and how their personal data is being collected and used.

Transparent Cookie Usage

Businesses must obtain consent from users before using cookies that store or access information on the user’s device.

Records of Consent

Businesses must keep records of consent obtained from individuals for direct marketing and must be able to demonstrate that consent was obtained.

Opt-out Requests

Businesses must honor opt-out requests promptly and must not charge individuals for opting out of direct marketing.

Personal Data

Use secure methods to transfer personal data. Businesses must use secure methods to transfer personal data, such as encryption, to protect it from unauthorized access.

Regularly Review Privacy Policy

Businesses must periodically review and update their privacy policy, ensuring it is accurate and up-to-date.

Data Breach

Have processes in place to deal with data breaches. Businesses must have processes in place to detect, report and investigate a data breach, and to notify the Information Commissioner’s Office (ICO) and/or affected individuals if required.

It’s important to note that this checklist is not exhaustive and it’s always recommended to consult with legal experts for specific guidance and compliance to the PECR.

How PECR affects business?

The Privacy and Electronic Communications Regulations can have a significant impact on businesses, as it sets out specific rules and requirements for how electronic communications can be used for marketing and other purposes.

For example, PECR requires businesses to obtain explicit consent from individuals before sending them direct marketing emails or text messages. This means that businesses must have a clear opt-in process and be able to demonstrate that individuals have given their consent.

Businesses must provide clear and prominent privacy notices on their websites, which must inform individuals about the types of cookies that are being used and how their personal data is being collected and used.

Additionally, the use of cookies and similar technologies can affect how businesses operate their websites. For example, a business must obtain consent from users before using cookies that store or access information on the users device.

Overall, it requires businesses to be transparent and accountable when it comes to the collection and use of personal data, and non-compliance can result in fines and penalties from the Information Commissioner’s Office (ICO), which is responsible for enforcing PECR.

What is the difference between PECR and GDPR?

PECR works alongside the Data Protection Act, and GDPR and the UK GDPR laws govern the collection and use of personal data, but they have different focuses and scopes.

PECR specifically regulates the use of electronic communications, such as emails and text messages, for direct marketing purposes. It also regulates the use of cookies and similar technologies on websites. PECR applies to both businesses and individuals who are sending electronic communications.

On the other hand, GDPR applies to the collection, use, and storage of personal data more broadly. It applies to all organizations that process personal data, regardless of whether they are based in the European Union (EU) or not, if they target EU citizens. It sets out specific rights for individuals with regards to their personal data, and imposes strict rules on businesses in terms of data protection, data breach notification, and obtaining valid consent.

The UK now has its own GDPR called UK GDPR which covers the same as the EU version.

In summary, PECR is more specific in its focus on electronic communications, while GDPR is a more comprehensive data protection regulation that applies to a wider range of activities.