Skip to content

Discerning Data

  • About Us
  • Additional Resources
  • Contact Us

DISCERNING DATA

A Faegre Drinker Blog Covering the Latest in Privacy, Cybersecurity and Data Strategy

  • Privacy
  • Cybersecurity
  • Data Strategy
  • Disruptionware

UK Information Commissioner’s Office Fines Direct Marketing Company for PECR Violation

Share

The UK Information Commissioner’s Office (ICO) announced that it has fined a direct marketing company, Everything DM Ltd. (EDML) £ 60,000 ($77,421) for failing to take reasonable steps to ensure that unsolicited marketing emails sent on behalf of its clients complied with privacy laws applicable to electronic communications.

The UK’s Privacy and Electronic Communications Regulations (PECR) provides specific privacy rights to individuals in relation to electronic communications. Among other things, the PECR—and equivalent laws in the other EU member states—requires affirmative consent from individuals before sending unsolicited electronic marketing communications such as email or text messages to them, subject to limited exceptions.

The ICO’s investigation revealed that between May 2016 and May 2017, the EDML sent emails on behalf of clients but could not prove that the recipients of the emails had given specific consent to receive marketing emails from the clients or itself. In other words, EDML could only send marketing emails to recipients who affirmatively consented to receiving such emails from the respective marketers (i.e., the EDML clients utilizing EDML’s services to send emails on their behalf). As the ICO noted, consent will not be valid if (a) individuals are asked to agree to receive marketing from “similar organizations,” “partners,” “selected third parties” or other similar generic description, or (b) an individual is presented with a long, seemingly exhaustive list of general categories of organizations.

Moreover, according to the ICO, EDML relied on the consent of third parties (e.g., marketing lists obtained from third-parties) but did not itself take reasonable steps to make sure that appropriate consent was obtained from the individuals.

The ICO’s enforcement action is an important reminder that before sending electronic marketing communications or when engaging a third party to send such communications it is necessary to ensure that specific consent has been obtained from EU residents.

The UK ICO’s Enforcement Notice is available here.

The material contained in this communication is informational, general in nature and does not constitute legal advice. The material contained in this communication should not be relied upon or used without consulting a lawyer to consider your specific circumstances. This communication was published on the date specified and may not include any changes in the topics, laws, rules or regulations covered. Receipt of this communication does not establish an attorney-client relationship. In some jurisdictions, this communication may be considered attorney advertising.

About the Author: Jeremiah Posedel

Jeremiah is a partner in the firm's Government & Regulatory Affairs group. Read Jeremiah's full bio on the Faegre Drinker website.

Receive Email Alerts to New Articles

SUBSCRIBE

September 10, 2018
Written by: Jeremiah Posedel
Category: Privacy
Tags: enforcement, ICO, Information Commissioner's Office, PECR, privacy, Privacy and Electronic Communications Regulations, UK

Post navigation

Previous Previous post: California Lawmakers to Consider Technical Amendments to the California Consumer Privacy Act
Next Next post: Security Recommendations for Mobile Health Apps

Search the Blog

Sign Up for Email Alerts

PODCASTS

Faegre Drinker on Law and Technology

©2023 Faegre Drinker Biddle & Reath LLP. All Rights Reserved. Lawyer Advertising.

  • About Us
  • Additional Resources
  • Contact Us
We use cookies to improve your experience with our website. By browsing our site, you are agreeing to the use of cookies. For more information about how we use cookies, please review our privacy policy and cookie policy. OK
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT