More about PECR...

There is often some confusion about PECR and where it fits with GDPR, and indeed whether it applies to B2B marketing.

PECR (The Privacy and Electronic Communications Regulations) runs alongside GDPR, and gives people specific privacy rights in relation to electronic communications.

Does PECR apply to me?

GDPR does not replace PECR therefore if you are direct marketing to businesses or individuals then you must comply with both PECR and GDPR.

PECR applies to you if you market by phone, email, fax or text (it also applies if you use cookies or similar on your website).

Does PECR apply to B2B marketing?

Yes, even though there are different rules for marketing to 'companies' and marketing to 'individuals' PECR still applies to B2B direct marketing. Our data lists contain B2B contacts only - we do not supply B2C/consumer data. However, it is important to note that with respect to the regulations sole traders and partnerships are classed as 'individuals'.

The following table is an excerpt from the ICO (Information Commissioner's Office) website showing a simplified but useful guide to the marketing rules:

Method of communication Individual consumers
(plus sole traders and partnerships)
Business-to-business
(companies and corporate bodies)

Live calls

  • Screen against the Telephone Preference Service (TPS)
  • Can opt out
  • Screen against the Corporate Telephone Preference Service (CTPS)
  • Can opt out

Emails (or texts)

  • Consumer must have given sender specific consent to send marketing emails/texts.
  • Or soft opt-in (previous customer, our own similar product, had a chance to opt out)
  • Can email or text corporate bodies
  • Good practice to offer opt out
  • Individual employees can opt out
Mail
  • Name and address obtained fairly
  • Can opt out
  • Can mail corporate bodies
  • Individual employees can opt out

More information is available from the ICO website at the following link: https://ico.org.uk/for-organisations/guide-to-pecr/what-are-pecr/

Click here for our GDPR compliance statement