Everyone has heard of GDPR, right? Some of us remember when it was implemented, I can still smell the smoke from all those email marketing lists being burnt. Marketers detested the transition, but all in all it was a good thing. But we’re not here to talk about GDPR.
You see, GDPR has a partner that it frolics with, another privacy philosopher in the making, and of course another acronym: PECR, or the Privacy and Electronic Communications Regulations.
While GDPR is the broad “here’s how you handle data” regulation, PECR is the one that tells you when you can hit “Send.”
Let’s remove the legal migraines and break it down for you.
What Is PECR?
PECR stands for the Privacy and Electronic Communications Regulations. It’s UK law as overseen by the Information Commissioner’s Office (ICO), and it affects how you:
• Use email and text marketing
• Employ cookies and tracking
• Use phone calls and, if you’re still living in the 90s, fax marketing
In short, it’s the regulation hovering over all your electronic marketing and online privacy. That includes email newsletters, sales campaigns, and even those cheeky little “just keeping in touch” emails.
How PECR Affects Email Marketing
PECR does directly impact email marketing, first by splitting your campaigns into two distinct camps:
B2C (Business-to-Consumer) Emails
For those of you who used to get sick of your personal inbox constantly being bombarded with emails, PECR is now pretty stringent and strict around email consumers. The organisation sending the email must have consent before emailing someone. That’s unless they meet the ‘soft opt-in rules.’
To qualify for soft opt-in, all of these must apply:
• The consumer gave you their email during a sale, or when the sale was being negotiated.
• You’re marketing your own, similar and relevant, products or services.
• They were given a clear chance to opt out when you collected their details. And in every email since.
If any one of those boxes isn’t ticked, then pull you finger back from the “Send” trigger.
B2B (Business-to-Business) Emails
PECR isn’t quite as rigid when you’re emailing a business. You don’t need consent to send marketing emails to addresses like Englebert@company.com, as long as:
• The message is relevant to their work role.
• You include your identity and an easy opt-out link.
But before you go rushing in and firing off a Gatling gun of email, remember that sole traders and partnerships, by PECRs definition, count as B2C. So, you’ll need to abide by the stricter rules.
How PECR and GDPR Work Together
For want of a better analogy, imagine trying to get into a pub at the weekend. PECR is the big burly bouncer deciding whether you can come in. GDPR is the floor manager making sure you abide by the rules once you’ve been to the bar.
PECR decides whether you can contact someone in the first place.
GDPR governs what you do with their data afterwards.
So even if PECR determines that you can fire off that email, GDPR still requires you to:
• Have a lawful basis for processing their data (usually “consent” or “legitimate interest”).
• Store and handle their info securely.
• Respect opt-outs or deletion requests immediately.
Quick Checklist for Staying Compliant
• Be clear exactly who you are in the email
• Include a visible unsubscribe link, perhaps more than one
• Don’t pre-tick the consent boxes, that’ll get your wrist slapped
• Keep a record of when and how you got consent
• Respect “unsubscribe” immediately
The Consequences of Ignoring PECR
The ICO is not the sort of organisation to act mercifully, and they don’t take ghosting well.
Breaches can lead to:
• Fines up to £500,000
• Reputation damage that makes your unsubscribe rate look flattering
• Public enforcement notices that live forever online
The Consequences of Ignoring PECR
It might sound like another bureaucratic acronym designed to ruin your marketing campaigns, but really, PECR is about respect and transparency. Playing by its rules means your audience will trust you more and you will receive far fewer complaints.
If you wish to talk about email marketing, contact us today on 01604 698 948, or email hello@tj-marketing.co.uk with your enquiry.
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