{"id":4316,"date":"2018-03-06T21:04:28","date_gmt":"2018-03-06T21:04:28","guid":{"rendered":"https:\/\/hyperlink-technology.com\/nesma\/?p=4316"},"modified":"2018-03-06T21:04:28","modified_gmt":"2018-03-06T21:04:28","slug":"along-with-gdpr-there-are-more-acronyms-to-learn","status":"publish","type":"post","link":"https:\/\/hyperlink-technology.com\/nesma\/along-with-gdpr-there-are-more-acronyms-to-learn\/","title":{"rendered":"Along with GDPR there are more acronyms to learn"},"content":{"rendered":"

While preparations for the GDPR dominate the headlines, it\u2019s not the only change in the digital landscape.<\/strong><\/span><\/h2>\n
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The\u00a0Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR)<\/a><\/span>\u00a0– AKA the cookie law – currently sets out the rules on electronic communications, including nuisance calls and messages, cookies and the provision of internet or telecoms services.<\/p>\n

GDPR and ePR have the potential to whip up serious disruption for organisations that breach the data protection and privacy rules.\u00a0The ICO already enforce PECR on a regular basis; combined with GDPR legislation the penalties include hefty fines and criminal prosecution, non-criminal enforcement and audit. \u00a0An ICO audit will look at whether you have effective policies and procedures in place and whether they are being implemented. We can’t do much about ePR right now, but organisations can at least meet GDPR compliance and be aware of what awaits on the horizon.
\n<\/em>Kate Armstrong, GDPR Fundamentals Practitioner<\/strong><\/p><\/blockquote>\n

What is PECR?<\/strong><\/span><\/h2>\n

PECR covers the collection and use of electronic data such as location, itemised billing, line identification and directory listings. \u00a0These rights extend to companies as well as individuals. The ICO take these regulations very seriously and take decisive action for breaches. The\u00a0quarterly list of enforcement actions<\/a><\/span><\/strong>\u00a0on their website makes for cautionary reading.<\/p>\n

PECR is already law and will remain in effect alongside GDPR. However, PECR is on the European Commission’s table for reform as a new ePrivacy Regulation aims to better protect people in the digital age.\u00a0While GDPR is being finalised and scheduled for implementation on 25 May, the accompanying ePrivacy Regulation is still in the approval process, and its language could change.<\/p>\n

According to i-Scoop in its article,\u00a0The New ePrivacy Regulation: What you need to know<\/em><\/a><\/span><\/strong>\u00a0(well worth a read if you’re interested in learning more about the subject), we can expect the ePrivacy Regulation to be applied no sooner than the second half of 2019.<\/p>\n

ePR may not be our main focus of concern right now, but the two laws were designed to accompany each other.\u00a0 There are two laws because they are derived from two different rights in the European Charter of Human Rights. The GDPR covers the right to protection of personal data, while the ePrivacy Regulation encompasses a person\u2019s right to a private life, including confidentiality. There is overlap between the two legislations. Get PECR right and you will be on track to comply with GDPR and vice versa.<\/p>\n

These regulations currently apply to electronic channels: website, telephone, email and SMS. Whilst these are particularly applicable to internet, mobile networks and telephone directory providers, PECR also applies to your business if you:<\/p>\n