Catalog / Sends faxes / LXD-5088

Sends faxes, in the United Kingdom

Electronic Commerce Regulations, Commercial Communicationssince 3 lines

Electronic Commerce (EC Directive) Regulations 2002 (S.I. 2002/2013), regs. 7, 8 and 13 · Read the law's page

  • Make every commercial communication that forms part of an online service clearly identifiable as a commercial communication, and clearly identify the person on whose behalf it is made.
  • Clearly identify any promotional offer (a discount, premium or gift) and any promotional competition or game as such, and make the conditions for qualifying or taking part easily accessible and clear.
  • Make an unsolicited commercial communication that you send by electronic mail clearly and unambiguously identifiable as such as soon as it is received.
PECR, Automated Calls, Facsimile and Live Telephone Calls for Direct Marketingsince 8 lines

PECR (S.I. 2003/2426), regs. 19-21, 21A, 21B and 24 · Read the law's page

  • These duties reach only calls and faxes made for direct marketing purposes; a purely informational or service call is outside them.
  • Get the called subscriber's prior consent before transmitting, or instigating the transmission of, recorded matter for direct marketing purposes by an automated calling or communication system (one that can automatically dial a sequence of numbers and play sounds that are not live speech), and either do not prevent presentation of your calling line's identity or present a line on which you can be contacted.
  • Do not transmit, or instigate the transmission of, an unsolicited direct-marketing fax to an individual subscriber unless they have consented, to a corporate subscriber who has told you not to, or to any subscriber whose number is listed on the fax-marketing register the Information Commission keeps, unless that subscriber has since told you they do not object.
  • Do not use, or instigate the use of, a public electronic communications service to make an unsolicited live call for direct marketing purposes to a subscriber who has registered an objection to such calls on that line, or who has told you directly not to call, unless they have since told you they do not object.
  • Whether or not the call is solicited, do not prevent presentation of your calling line's identity, or present a line on which you can be contacted, when making a call for direct marketing purposes.
  • Get the called individual's prior consent before making an unsolicited call marketing claims management services; there is no do-not-call-register or existing-customer exception for this subject.
  • Do not make an unsolicited call marketing occupational or personal pension schemes unless you are an authorised person or a scheme's trustee or manager and the individual has consented, or has an existing client relationship with you in which they might reasonably expect such calls and has been given a simple, free means of refusing both at collection and with every later call.
  • When you use an automated calling system or a fax for direct marketing, give your name and either your address or a telephone number where you can be reached free of charge; for a live call, give your name and, if the recipient asks, that address or number.
PECR, Electronic Mail for Direct Marketing Purposessince 5 lines

PECR (S.I. 2003/2426), regs. 22 and 23 · Read the law's page

  • Get the individual recipient's prior consent before sending, or instigating the sending of, unsolicited electronic mail, which reaches SMS and other messaging as well as email, for direct marketing purposes, unless the soft opt-in below applies.
  • You do not need consent if you obtained the recipient's contact details in the course of a sale or sale negotiation with them, you market only your own similar products or services, and you gave the recipient a simple, free means of opting out at the time the details were collected and with every later message.
  • From , a charity does not need consent to email or text someone to further its own charitable purposes if it obtained their details because they expressed an interest in, or offered or gave support to, those purposes, and gave them a simple, free means of refusing at collection and with every later message.
  • Do not disguise or conceal the identity of the person on whose behalf a marketing message is sent, and always provide a valid address the recipient can use to ask you to stop.
  • Do not send a marketing message that breaks the Electronic Commerce (EC Directive) Regulations 2002's identification rules for commercial communications, or that encourages the recipient to visit a website that breaks them.
Communications Act 2003, Persistent Misuse of Networks and Servicessince 2 lines

Communications Act 2003, ss. 128-130 · Read the law's page

  • Do not use an electronic communications network or service, or conduct yourself through one, in a way whose effect or likely effect is to cause another person unnecessarily to suffer annoyance, inconvenience or anxiety.
  • Do not repeat that use often enough to show a pattern of behaviour or practice, or recklessness as to whether people suffer annoyance, inconvenience or anxiety: Ofcom can then give you a notification, require you to stop, and penalise you up to GBP 2,000,000.
Consumer Rights Act 2015, section 46, remedy for damage that digital content causes to a consumer's device or other digital contentsince 3 lines

Consumer Rights Act 2015, c. 15, s. 46 · Read the law's page

  • This binds a trader that supplies digital content to a consumer under a contract; a trader acts for purposes relating to its trade, business, craft or profession, and a consumer is an individual acting wholly or mainly outside them (sections 2(2), 2(3) and 46(1)).
  • If your digital content damages the consumer's device or other digital content, and the damage would not have occurred had you exercised reasonable care and skill, repair the damage within a reasonable time and without significant inconvenience to the consumer, bearing the necessary costs, or compensate the consumer with an appropriate payment (section 46(1) to (3)).
  • Pay any compensation without undue delay and within 14 days of agreeing that the consumer is entitled to it, and charge the consumer no fee for the payment (section 46(5) and (6)).
UK GDPR Articles 12-21 and Data Protection Act 2018 Section 164A, Data Subject Rights in the United Kingdomsince 9 lines

UK GDPR, Arts. 12-21; Data Protection Act 2018, s. 164A · Read the law's page

  • Confirm to a person in the United Kingdom, when they ask, whether you process their personal data, and give them access to it and the information listed in UK GDPR Article 15(1), on the basis of a reasonable and proportionate search.
  • Rectify a person's inaccurate personal data and complete incomplete data when they ask, under UK GDPR Article 16.
  • Erase a person's personal data without undue delay when they ask and a ground in UK GDPR Article 17(1) applies, unless an exception in Article 17(3) covers the processing.
  • Restrict the processing of a person's personal data when they ask and a case in UK GDPR Article 18(1) applies.
  • Give a person the personal data they provided to you in a structured, commonly used and machine-readable format, and transmit it directly to another controller where technically feasible, where the processing rests on consent or a contract and is automated, under UK GDPR Article 20.
  • Stop processing a person's personal data for direct marketing when they object, and stop processing based on a public task, recognised legitimate interests or legitimate interests unless you demonstrate compelling legitimate grounds, under UK GDPR Article 21.
  • Answer a rights request before the end of one month beginning with the relevant time, and extend that period by up to two further months only by notice, given within that first month, that states the reasons, under UK GDPR Articles 12 and 12A.
  • Tell the person, without undue delay and before the end of the applicable time period, your reasons for not acting on a request and their right to complain to you under section 164A of the Data Protection Act 2018, to complain to the Information Commission, and to seek a judicial remedy, under UK GDPR Article 12(4).
  • Acknowledge a data subject's complaint to you within 30 days of receiving it, provide a way to complain such as an electronic form, respond to the complaint without undue delay and tell the complainant the outcome, under Data Protection Act 2018 section 164A.

Revisions

An entry gets a new revision when a law in it is added, removed, amended or reworded in the law library. The ID stays the same.

  1. Revision 1, : the entry was first published.

See also

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