Quiz on Privacy and Electronic Communications Regulations

What does PECR stand for?

• Private Electronic Communication Rights

• Personal Email Communication Regulations

• Public Electronic Communication Rules

• Privacy and Electronic Communications Regulations

Which organization provides guidance on PECR?

• Electronic Communications Authority

• Data Protection Agency

• Privacy Regulation Board

• Information Commissioner's Office

What type of marketing is covered under PECR?

• Electronic and telephone marketing

• Print media marketing

• Billboard advertising

• Direct mail marketing

What technology is mentioned in relation to user tracking?

• RFID chips

• Biometric scanners

• GPS tracking devices

• Cookies and similar technologies

Most of the rules in PECR only apply to unsolicited marketing messages. When is marketing ‘unsolicited’?

• an unsolicited message is one that is actively requested

• An unsolicited message is any message that has not been specifically requested

• An unsolicited message includes ONLY those without customer 'opt-in'

• An unsolicited messages is any message that is unlawful

Under PECR What is a "soft opt-in"?

• Any visitor to your website who does not opt out of receiving marketing messages

• Customers from bought-in lists who have agreed to receive marketing from any company

• When a customer buys from you and does not opt out of receiving marketing messages about similar products

• Customers who have given explicit consent to receive marketing messages

When are you allowed to email, text or directly message individuals under PECR?

• When a customer has specifically consented to receiving them or you have a 'soft opt-in' so long as they were able to easily opt out.

• ONLY when you have explicit written consent

• Whenever a customer has bought from you in the past you can always assume that they are happy to receive marketing emails or texts

• When the message is a DM in social as these are not covered by the regulations

How do the rules apply to communicating with loyalty scheme members?

• loyalty schemes are outside the remit of PECR

• You must always get explicit opt-in consent for each contact

• if you have explained what to expect then you can assume soft opt-in consent

• you don't have t give an opt-out to loyalty scheme members

What must you be careful about with bought lists? (multiple correct answers)

• Check that all the people on the list specifically consented to receive that type of message from you

• Screen against both the TPS and your own ‘do-not-call/contact’ list of people who have previously objected to, or opted out of, your calls/contacts.

• Make checks to satisfy yourself that any list is accurate and the details were collected fairly, and that the consent is recent enough to cover your marketing

• You only need to check that the list has generic consent covering third parties. Specific checks against each contact are not required as would be too time consuming

Which of these are included in the ICO best way to compile your own in-house marketing lists for email? (multiple correct answers)

• Assume that everyone is happy to receive marketing because they have provided their contact details

• Record when and how you got consent, and what type of messages it covers.

• Provide opt-in boxes that specify the type of messages you plan to send, and clear opt-out options where 'soft opt-in' is allowed

• Make it clear upfront, when they provide details, that you intend to use their details for marketing purposes.