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<p>The Government is fully aware that unsolicited direct marketing calls, known as
nuisance calls, can cause anxiety and distress, particularly for the most vulnerable
people in our society.</p><p>Companies that send direct marketing communications are
regulated by both the Privacy and Electronic Communications Regulations 2003 (PECR)
and the data protection legislation (the UK GDPR and the Data Protection Act 2018).
The PECR was designed to complement the data protection legislation and impose strict
obligations on organisations that make direct marketing calls to individuals in the
UK. The legislation is regulated and enforced by the Information Commissioner’s Office
(ICO).</p><p>The Government’s response to the consultation <a href="https://www.gov.uk/government/consultations/data-a-new-direction/outcome/data-a-new-direction-government-response-to-consultation#:~:text=The%20government%20launched%20its%20consultation,the%20UK's%20National%20Data%20Strategy."
target="_blank">Data: A New Direction</a> which proposed reforms to improve the UK’s
data protection regime, including potential changes to the PECR, was published on
the 17th June 2022.</p><p>The Government plans to introduce new legislation to allow
the ICO to take enforcement action against organisations on the basis of the number
of communications (calls, texts and emails) that they generate rather than just on
the number that are connected. It will also require public communications service
and network providers to inform the ICO of suspicious traffic transiting their networks
when they have reasonable suspicion; and increase fines for direct marketing companies
that continue to break the rules. In the future, this will mean that ICO could levy
fines of up to £17.5m or 4% of a businesses’ global turnover for serious infringements
of the Regulations, rather than the current maximum which is set at £500,000.</p><p>These
measures will upgrade the PECR enforcement regime to make it more effective, proportionate
and dissuasive.</p><p> </p>
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