Overview of your Legal Obligations The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2004: These Regulations come into force on 25 June 2004. They extend The Privacy and Electronic Communications (EC Directive) Regulations 2003 to allow corporate subscribers to register with a managed telephone register, known as the Corporate TPS, their wish to not to receive unsolicited telephone calls for direct marketing purposes. What are the broad details? Direct marketing telephone calls: It is unlawful for someone in business (including charities or other voluntary organisations) to make such a call to a telephone number allocated to a corporate subscriber if that corporate subscriber has either told that business or organisation that they do not want to receive such calls or has registered with the Corporate TPS that they do not wish to receive such calls from any business or organisation. What is the definition of a corporate subscriber? A corporate subscriber includes corporate bodies such as a limited company in the UK, a limited liability partnership in England, Wales and N. Ireland or any partnership in Scotland. It also includes schools, government departments and agencies, hospitals and other public bodies. What are the differences between the Corporate Telephone Preference Service (CTPS) and the Telephone Preference Service (TPS)? The TPS enables Individuals (consumers, sole traders, and (except in Scotland) partnerships) to register their objection to receiving direct marketing calls with a central service. This means that the TPS file contains consumer telephone numbers as well as some business numbers. The CTPS includes corporate bodies such as a limited company in the UK, a limited liability partnership in England, Wales and Northern Ireland or any partnership in Scotland. It also includes schools, government departments and agencies, hospitals and other public bodies. Therefore if you are contacting ‘business’ numbers for the purposes of sales and marketing, you must screen against both the TPS and CTPS files, as the TPS file contains business number also. If you are solely contacting consumers for the purposes of sales and marketing, then you only need to screen against the TPS file. Who needs to comply with the Regulations? All those in business (including charities and voluntary organisations) who make direct marketing telephone calls to corporate subscribers. How often do I need to clean my data? As frequently as is necessary to ensure that nobody protected by the Regulations, who has registered with the Corporate TPS register 28 days or more previously, is contacted. Who enforces the Regulations? The Information Commissioner’s. Their contact details are: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow Cheshire SK9 5AF. Tel: 01625 545745 Fax: 01625 524510 Email: mail@ico.gsi.gov.uk Website: http://www.informationcommissioner.gov.uk/eventual.aspx?id=95 T he information provided above on the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2003 and related legislation does not purport to be comprehensive and is not intended to constitute legal advice. If you require specific legal advice on the regulations you should consult your solicitors.