Privacy and electronic communications

In accordance with regulations which came into effect on 11 December 2003, companies will need to secure the advance permission of the recipient before sending marketing e-mails and text messages.

The new regulations, which are in line with the EC Directive on Privacy and Electronic Communications, means that those failing to abide by the rules will be committing a criminal offence, and will face a fine.

The measures also cover the use of internet tracking devices, known as ‘cookies’, which are placed onto personal computers by websites. Companies must have the agreement of the user before using cookies.

While the Government hopes that the measures will help to cut down on unwanted e-mails and text messages, SMEs may find themselves at a disadvantage, as many do not have access to the advertising methods used by larger companies, and rely largely on telephone and e-mail marketing.