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Helping people solve their security challenges is what we do, so we’re always keen to hear from you, no matter what you have to say.
Keiran Mather
Bulletproof red team demonstrate a novel approach to evade static analysis in Linux malware.
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It’s hard to ignore the GDPR these days, with headline-making fines and regular news updates on the continuing impacts of data protection post-Brexit. Most businesses will be aware of what they have to do for the GDPR, with increasing numbers actively engaging GDPR compliance services. But there is another privacy regulation that UK businesses must comply with. It may not grab as many headlines as the GDPR, but it’s still mandatory, and the Information Commissioner’s Office (ICO) still issue fines for data breaches arising from non-compliance.
This other regulation is the Privacy and Electronic Communications Regulation, almost always referred to as PECR, and it’s about time we told you more about it.
PECR is a data privacy regulation which, like the GDPR, sets out rules on what marketing activities businesses can and cannot do without consent, and also dictates how businesses must deal with personal and corporate data. In plain language, PECR applies to all organisations that do at least one of these:
The first bullet point alone means that PECR applies to virtually every UK organisation that undertakes regular marketing activities.
PECR and the UK’s implementation of the GDPR ultimately both stem from different European privacy initiatives, and it is not a matter of complying with one or the other: organisations must comply with both. PECR has adopted the GDPR’s definition of valid consent to make abiding by both sets of regulations easier. PECR was last updated in early 2019 to patch some grey and missing areas within the GDPR.
Though the two regulations naturally complement each other, there are some notable differences between the GDPR and PECR:
Bulletproof has helpful free resources for organisations looking to find out more about GDPR. Why not download our educational GDPR white paper, watch our insightful webinar featuring our Head of Compliance, or view our interesting infographics?
If you’re following good data protection standards and are compliant with the GDPR, then chances are you’ll be in a good position to be in-line with PECR requirements. It’s down to your data protection officer to make sure your organisation is following all relevant regulations, including PECR. Here are some examples of steps you should be taking to make sure you’re PECR compliant:
A call centre company made over 150,000 unsolicited calls, including calls to people who were TPS registered. This prompted multiple complaints by members of the public and, after an investigation by the authorities, the call centre was fined £120,000.
Lessons Learned
It is expected that a new EU ePrivacy directive will be released in the next few years and, though nothing is yet certain with data protection in the post-Brexit world, the new regulation will probably impact the UK’s PECR regulation. As with all other data protection matters, engage with an experienced data protection officer and follow their recommendations to make sure you don’t fall victim to data breaches and fines.
As one of our more experienced data protection officers, Rebecca knows data protection inside and out. Her favourite topics to write about include UK & EU GDPR, DPO activities and the often-overlooked PECR regulations.
Bulletproof’s experienced data protection officers give your business on-going support and maintenance of your data protection obligations. Find out more about our flexible, cost-effective packages.
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For more information about how we collect, process and retain your personal data, please see our privacy policy.