The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2016

Amendment of the Privacy and Electronic Communications (EC Directive) Regulations 2003

2.—(1) The Privacy and Electronic Communications (EC Directive) Regulations 2003(1) are amended as follows.

(2) In regulation 19, for paragraph (2) substitute—

“(2) Those circumstances are where—

(a) the called line is that of a subscriber who has previously notified the caller that for the time being he consents to such communications being sent by, or at the instigation of, the caller on that line; and

(b) the person transmitting, or instigating the transmission of, such communications—

(i) does not prevent presentation of the identity of the calling line on the called line; or

(ii) presents the identity of a line on which he can be contacted.”

(3) In regulation 21—

(a) before paragraph (1) insert—

“(A1) A person shall neither use, nor instigate the use of, a public electronic communications service for the purposes of making calls (whether solicited or unsolicited) for direct marketing purposes except where that person—

(a) does not prevent presentation of the identity of the calling line on the called line; or

(b) presents the identity of a line on which he can be contacted.”;

(b) in paragraph (2), for “paragraph (1)” substitute “paragraphs (A1) or (1)”; and

(c) in the heading, for “Unsolicited calls for direct marketing purposes” substitute “Calls for direct marketing purposes”.

(1)

S.I. 2003/2426, as amended by S.I. 2004/1039, S.I. 2010/22, S.I. 2011/1208 and S.I. 2015/355.