Privacy and Electronic Communications Regulations govern marketing, cookies, and telecoms security. Ignoring compliance risks fines up to £17.5m, ICO enforcement, and costly remediation. Proactive action protects your business and avoids severe financial consequences.
Managing privacy in electronic communications is critical for any organisation operating in the UK. Alongside UK GDPR and the Data Protection Act 2018, Privacy and Electronic Communications Regulations (PECR) sets strict rules on marketing, cookies, and telecoms security. Recent updates under the Data (Use and Access) Act 2025 have raised the stakes, increasing fines and tightening consent requirements.
When do PECR apply?
PECR apply whenever your organisation:
- Sends electronic marketing messages (emails, texts, calls)
- Uses cookies or tracking technologies on websites or apps
- Provides telecoms or electronic communication services, including security and breach reporting
- Processes traffic or location data for communications.
PECR often apply alongside UK GDPR. Non-compliance can lead to significant fines and reputational damage, so understanding these triggers is essential for lawful marketing and secure digital operations.
Your obligations under PECR
PECR set strict rules for:
- Electronic marketing: Obtain valid consent where needed before sending marketing emails, texts, or calls, and provide clear opt-out options
- Cookies and tracking: Inform users and get consent for non-essential cookies
- Security and breach reporting: Maintain robust security for electronic communications and report breaches within 72 hours
- Traffic and location data: Protect confidentiality and only share identifiers with consent.
Failure to comply can result in fines of up to £17.5 million or 4% of global turnover.
Implications of non-compliance
Ignoring PECR obligations can lead to:
- Significant financial penalties
- Regulatory enforcement by the ICO
- Reputational damage and loss of customer trust
- Operational disruption and costly remediation.
How can we support you?
PECR compliance can be complex, especially alongside UK GDPR. We provide practical, business-focused support:
- Auditing marketing practices and consent mechanisms
- Drafting cookie policies and consent banners
- Advising on telecoms security and breach reporting
- Managing regulatory risk and ICO investigations
- Training teams to embed compliance into operations.
Proactive legal guidance helps you avoid fines, protect reputation, and maintain trust.
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