European legislation has developed significantly over the past decade to protect consumers who purchase goods and services over the internet, the telephone or by other non face-to-face means, or who simply register their details with websites to access information.

The Privacy and Electronic Communications Regulations 2003 (known as the Privacy Regulations) protect consumers against unauthorised use of their e-mail addresses, telephone numbers and facsimile numbers.

One of the main focuses of the Privacy Regulations is the restriction placed on the use of unsolicited faxes, telephone calls and e-mails for direct marketing purposes. Importantly, your business must know when the recipient's consent is required and when it can be implied. Depending on the type of communication, the law requires certain levels of consent. While in some instances express consent is required, in other instances the recipient should simply be able to "opt out" of future marketing.

The Privacy Regulations will impact upon your business if it is using the Internet to trade and market the sale of goods and services. Should you wish to use your consumers' e-mail addresses or telephone numbers for further marketing, it is important that your privacy policy is carefully worded to provide for this.

Our expertise

Whilst not exhaustive, the following examples provide a broad context to the scope of our work:

• advising on use of personal information in direct marketing
• drafting website privacy policies
• advising on Privacy Regulations compliance
• advising on transfers of personal data to USA and other non-EEA countries
• advising on the use of unsolicited automated telephone marketing
• advising on the use of e-mail marketing campaigns
• advising on the rights and obligations under the Human Rights Act 1998

Privacy Law solicitors

To arrange a discussion with a Privacy Law solicitor, click here or call us on 0800 840 4929.