Privacy and eCommerce: Spam Butties

I am again indebted to for this item. According to Ken Young’s article “UK firms flouting spam regulations“, over a third of UK firms are flouting regulations on email privacy. The regulations concerned are The Privacy and Electronic Communications (EC Directive) Regulations 2003 which implement Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (“the Telecomms Data Protection Directive”).

The article complains that the Information Commissioner has never chased the spammers and the reason given for that reported by Ken Young is that many of the offenders appear to be based overseas. It is perhaps worth mentioning that there is a right of action under reg. 30 (1):

“A person who suffers damage by reason of any contravention of any of the requirements of these Regulations by any other person shall be entitled to bring proceedings for compensation from that other person for that damage.”


About Jane Lambert

I am a barrister specializing in intellectual property, technology, media and entertainment and competition law. I specialize in helping SME (small and medium enterprises) protect and exploit their investment in brands, design, technology and the arts. SME require intellectual property (legal protection for their intellectual assets) at least as much as big business but their limited means restrict the way they can use it. Looking after such clients wisely requires skills and knowledge which have taken me years to learn.
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