The rules, which apply the EU Directive on Privacy and Electronic Communication in the UK will mean that:

> Organisations or individuals will not be able to send unsolicited commercial emails or text messages to individual subscribers unless the recipient has agreed in advance to receive them. There is an exception where businesses have established relationships with their customers.

> Corporate subscribers are exempt from this rule, which means that much business-to-business e-marketing is not affected. However all direct marketing e-mails, regardless of who they are sent to, will be required to include proper sender and contact details.

> Companies using tracking devices, such as cookies on their websites will have to tell users they are doing so and provide an opportunity to reject them.

> Mobile network operators will be able to provide advertising and subscription services such as traffic information based on personal data, as long as they give subscribers information about this sort of data processing and obtain their consent.

> Subscribers will have legal rights about being listed in directories, and directory providers will have to give them full information and a reinforced chance to be 'ex-directory'.

Communications Minister Stephen Timms said:

"The Office of the Information Commissioner, an independent authority that reports directly to parliament will enforce the regulations. Breach of enforcement orders issued by the Information Commissioner is a criminal offence liable to a fine of up to £5,000 in a magistrate's court, or an unlimited fine if the trial is before jury. Anyone who has suffered damages because the regulations have been breached has the right to sue the person responsible for compensation".

The Government is reviewing the enforcement and investigation powers available to the Information Commissioner.

The Information Commissioner enforces and oversees the Data Protection Act 1998 and the Freedom of Information Act 2000. The Commissioner is an independent supervisory authority reporting directly to the UK Parliament. The Office of the Information Commissioner (OIC) is responsible for enforcing the new regulations and have published their own guidance on how to best comply at: www.informationcommissioner.gov.uk

The EU Regulations are necessary for the implementation of the EC Directive on Privacy and Electronic Communications (2002/58/EC). The Directive is implemented via a Statutory Instrument under the European Communities Act 1972. The Directive updates the Telecoms Data Protection Directive (Directive 97/66/EC) in the light of new technologies and in particular ensures that the privacy rules currently applicable to phone and fax services also apply to e-mail and to the use of the internet.

The DTI consulted on the Directive in 2001, during the detailed negotiations on the draft of the Directive. It then launched a public consultation on the draft implementing Regulations, which ran from 27th March to 19th June 2003. Over 400 responses were received from industry, membership organisations, charities, Government departments and individuals. The Regulations were finalised in the light of feedback received during this consultation, and laid in Parliament on 18th September 2003.

Definitions:
Spam is defined as unsolicited commercial bulk email sent without the consent of the addressee and without any attempt at targeting recipients who are likely to be interested in its contents.

Related links:
Further information available on the DTI's site at:
'Directive on Privacy and Electronic Communications



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