
2016 No. 524
Electronic Communications
The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2016
Made 21st April 2016
Laid before Parliament 25th April 2016
Coming into force 16th May 2016
The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in respect of matters relating to electronic communications, in exercise of the powers conferred by that section makes the following Regulations.
Citation and commencement
1 
These Regulations may be cited as the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2016 and shall come into force on 16th May 2016.
Amendment of the Privacy and Electronic Communications (EC Directive) Regulations 2003
2 

(1) The Privacy and Electronic Communications (EC Directive) Regulations 2003 are amended as follows.
(2) In regulation 19, for paragraph (2) substitute—“
(2) Those circumstances are where—
(a) the called line is that of a subscriber who has previously notified the caller that for the time being he consents to such communications being sent by, or at the instigation of, the caller on that line; and
(b) the person transmitting, or instigating the transmission of, such communications—
(i) does not prevent presentation of the identity of the calling line on the called line; or
(ii) presents the identity of a line on which he can be contacted.”
(3) In regulation 21—
(a) before paragraph (1) insert—“
(A1) A person shall neither use, nor instigate the use of, a public electronic communications service for the purposes of making calls (whether solicited or unsolicited) for direct marketing purposes except where that person—
(a) does not prevent presentation of the identity of the calling line on the called line; or
(b) presents the identity of a line on which he can be contacted.”;
(b) in paragraph (2), for “paragraph (1)” substitute “paragraphs (A1) or (1)”; and
(c) in the heading, for “Unsolicited calls for direct marketing purposes” substitute “Calls for direct marketing purposes”.
Neville-Rolfe
Parliamentary Under Secretary of State
Department for Culture, Media and Sport
21st April 2016