Parliamentary.ai


by Munro Research

Unsolicited Marketing Communications (Company Directors) Bill


Official Summary

A Bill to enable the Information Commissioner’s Office to take action against company directors for breaches of the Privacy and Electronic Communications (EC Directive) Regulations 2003 relating to unsolicited marketing communications made by a company; and for connected purposes

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Overview

This bill amends the Privacy and Electronic Communications (EC Directive) Regulations 2003 to allow the Information Commissioner's Office (ICO) to take action against company directors for breaches related to unsolicited marketing communications sent by their companies. Previously, only the company itself could be held accountable.

Description

The Unsolicited Marketing Communications (Company Directors) Bill modifies the 2003 Regulations by adding a clause to Section 61. This allows the ICO to issue notices, prosecute, or impose penalties on company directors personally for unsolicited marketing communication violations committed by their companies. The amendments specify that in cases of contravention of the 2003 Regulations, the phrasing regarding offenses and penalties will be changed to reflect the ability to target directors.

Government Spending

The bill doesn't directly specify government spending figures. The cost will likely involve increased enforcement activities by the ICO, potentially requiring additional staffing or resources. No figures were provided in the bill text.

Groups Affected

  • Company Directors: This bill directly impacts company directors, who now face personal liability for unsolicited marketing communications breaches by their companies.
  • Companies: While companies remain subject to existing regulations, this bill adds another layer of accountability by targeting their directors.
  • Information Commissioner's Office (ICO): The ICO's responsibilities increase with this bill, requiring them to investigate and potentially prosecute company directors.
  • Individuals receiving unsolicited marketing communications: This bill may indirectly benefit individuals by providing a stronger mechanism for addressing violations.
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