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PRESS INFORMATION
For immediate release: May 2003

SPAM: CANNED – BUT AT WHAT COST TO BUSINESS?

Manchester law firm Wacks Caller advises businesses on implications of EU Directive on Privacy & Electronic Communications




Forthcoming European Union rules to limit the number of unwanted e-mails individuals receive, are due to take effect this October, but leading Manchester law firm Wacks Caller says many businesses are woefully unprepared for the full implications of the directive.  The directive is to be implemented into UK legislation by way of The Privacy and Electronic Communication Regulations 2003.

Sarah Gwyndaf-Roberts, IT specialist at Wacks Caller explains: “The draft Regulations make the sending of unsolicited e-mails to personal e-mail addresses an offence without prior consent – and companies who fail to comply with the directive could face enforcement proceedings from the Information Commissioner including but not limited to a fine of up to £5000 per offence. Personal liability may also attach to company directors, managers and/or secretary for such offences.  

“Few companies are aware of the Regulations and even fewer are in a position to implement it by the deadline of October 31.”

“Businesses need to be acutely aware of the need for consent from individuals when sending unsolicited e-mails.  In particular, the rules will be changing from ‘opt-out’ to ‘opt-in’ which means that people must actively choose to receive a communication from a company by ticking or clicking on a box to show their consent.”

The legislation also tackles the issue of cookies – information retained by a computer which contains information about the web pages people have visited – which are unique to each user and return information to the source website without the user knowing.

Some people view cookies as a breach of their right to “privacy”, whilst companies argue that cookies merely form a way of providing users with a better, more personalised online experience.

“The new directive requires companies to clearly identify cookies on their website, giving users the choice to have their online activities monitored or not by disenabling such cookies, Sarah continued.

Forthcoming European Union rules to limit the number of unwanted e-mails individuals receive, are due to take effect this October, but leading Manchester law firm Wacks Caller says many businesses are woefully unprepared for the full implications of the directive.  The directive is to be implemented into UK legislation by way of The Privacy and Electronic Communication Regulations 2003.

Sarah Gwyndaf-Roberts, IT specialist at Wacks Caller explains: “The draft Regulations make the sending of unsolicited e-mails to personal e-mail addresses an offence without prior consent – and companies who fail to comply with the directive could face enforcement proceedings from the Information Commissioner including but not limited to a fine of up to £5000 per offence. Personal liability may also attach to company directors, managers and/or secretary for such offences.  

“Few companies are aware of the Regulations and even fewer are in a position to implement it by the deadline of October 31.”

“Businesses need to be acutely aware of the need for consent from individuals when sending unsolicited e-mails.  In particular, the rules will be changing from ‘opt-out’ to ‘opt-in’ which means that people must actively choose to receive a communication from a company by ticking or clicking on a box to show their consent.”

The legislation also tackles the issue of cookies – information retained by a computer which contains information about the web pages people have visited – which are unique to each user and return information to the source website without the user knowing.

Some people view cookies as a breach of their right to “privacy”, whilst companies argue that cookies merely form a way of providing users with a better, more personalised online experience.

“The new directive requires companies to clearly identify cookies on their website, giving users the choice to have their online activities monitored or not by disenabling such cookies, Sarah continued.

-ends-





Notes to editors:
If you require further information on the implications of the proposed legislation please contact Sarah Gwyndaf-Roberts at
sgwyndaf-roberts@wackscaller.com

For more information, please contact:
Dave Gort or Megan Codling at Cicero

telephone
0161 876 5522

E-mail

dag@cicero-marketing.co.uk




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