Part 5

Data protection and privacy
Chapter 2

Privacy and electronic communications

Interpretation of the PEC Regulations
110
1
Regulation 2 of the PEC Regulations (interpretation) is amended as follows.
2
In paragraph (1)—
a
in the definition of “call”, at the end insert “, and a reference to making a call includes a reference to attempting to establish such a connection”,
b
in the definition of “communication”—
i
for “exchanged or conveyed between” substitute “transmitted to”, and
ii
for “conveyed”, in the second place it occurs, substitute “transmitted”, and
c
at the appropriate place insert—
- “direct marketing” means the communication (by whatever means) of advertising or marketing material which is directed to particular individuals;
.
3
After paragraph (1) insert—
1A
In the application of these Regulations in relation to—
a
information that is sent but not received,
b
a communication that is transmitted but not received,
c
an electronic mail that is sent but not received, or
d
an unsuccessful attempt to make a call,
a reference to the recipient of the information, communication, electronic mail or call is to be read as a reference to the intended recipient.
4
In paragraph (4) omit “, without prejudice to paragraph (3),”.
5
After that paragraph insert—
5
References in these Regulations to a period expressed in hours, days, weeks, months or years are to be interpreted in accordance with Article 3 of the Periods of Time Regulation, except that Article 3(4) of that Regulation does not apply to the interpretation of a reference to a period in regulation 16A.
6
In paragraph (5), “the Periods of Time Regulation” means Regulation (EEC, Euratom) No. 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time limits.
S. 110 not in force at Royal Assent, see s. 142(1)
S. 110(1)(2)(c)(4)(5) in force at 20.8.2025 by S.I. 2025/904, reg. 2(o)