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The Privacy and Electronic Communications (EC Directive) Regulations 2003
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- UK Statutory Instruments
- 2003 No. 2426
- Regulation 21
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[F1Calls for direct marketing purposes] U.K.
21.—[F2(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.]
(1) A person shall neither use, nor instigate the use of, a public electronic communications service for the purposes of making unsolicited calls for direct marketing purposes where—
(a)the called line is that of a subscriber who has previously notified the caller that such calls should not for the time being be made on that line; or
(b)the number allocated to a subscriber in respect of the called line is one listed in the register kept under regulation 26.
(2) A subscriber shall not permit his line to be used in contravention of [F3paragraphs (A1) or (1)].
(3) A person shall not be held to have contravened paragraph (1)(b) where the number allocated to the called line has been listed on the register for less than 28 days preceding that on which the call is made.
(4) Where a subscriber who has caused a number allocated to a line of his to be listed in the register kept under regulation 26 has notified a caller that he does not, for the time being, object to such calls being made on that line by that caller, such calls may be made by that caller on that line, notwithstanding that the number allocated to that line is listed in the said register.
(5) Where a subscriber has given a caller notification pursuant to paragraph (4) in relation to a line of his—
(a)the subscriber shall be free to withdraw that notification at any time, and
(b)where such notification is withdrawn, the caller shall not make such calls on that line.
[F4(6) Paragraph (1) does not apply to a case falling within regulation 21A [F5or 21B].]
Textual Amendments
F1Words in reg. 21 heading substituted (16.5.2016) by The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2016 (S.I. 2016/524), regs. 1, 2(3)(c)
F2Reg. 21(A1) inserted (16.5.2016) by The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2016 (S.I. 2016/524), regs. 1, 2(3)(a)
F3Words in reg. 21(2) substituted (16.5.2016) by The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2016 (S.I. 2016/524), regs. 1, 2(3)(b)
F4Reg. 21(6) inserted (8.9.2018) by Financial Guidance and Claims Act 2018 (c. 10), ss. 35(2), 37(5); S.I. 2018/987, reg. 3 (with reg. 4)
F5Words in reg. 21(6) inserted (9.1.2019) by The Privacy and Electronic Communications (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1396), regs. 1(1), 2(2)
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