Clarkslegal LLP - Solicitors in Reading and London

Legal Updates

Data Protection Changes: The E-Privacy Regulation

27 February 2018 #Data Protection

With GDPR dominating the headlines anyone would be forgiven for thinking this is the only change taking place in the world of data protection. However, there are also proposals underway for reforming the European E-Privacy Directive which is implemented in the UK by way of the Privacy and Electronic Communications Regulations 2011 (PECR).

The PECR sets out the rules regarding electronic communications such as automates calls, SMS and email and looks at how consent can be given for these types of direct marketing.

The government previously consulted on the PECR and subsequently drafted a proposal for the new legislation, named the ePrivacy Regulation, which is due to come into force in May 2018. However, given that it is still in draft form, this deadline seems optimistic.

The ePrivacy Regulation proposals cover many issues including cookies and opt in and out options.  A key change is the expansion of the type of e-marketing that are covered with social media messaging platforms such as WhatsApp and video services such as Skype likely to be caught by the new rules.

The new regulation is not yet in its final form so this is an area to keep an eye on as developments unfold and we move towards May 2018.

This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

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Data Protection team
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