The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011, which came into force on 26 May 2011, make certain changes to the laws that cover direct marketing by electronic means.

Serious breaches of the rules surrounding the sending of unwanted text messages, emails and marketing telephone calls can now lead to fines of up to £500,000.

The Regulations also amend the rules that apply to websites using cookies and similar technologies. Whereas previously websites were required to provide information about cookies they used and tell visitors to the site how they could ‘opt out’, the new rules require that websites wanting to use cookies gain the visitor’s consent in most cases.

The Information Commissioner’s Office (ICO) has enhanced investigative powers that allow it to require telecoms and Internet service providers to cooperate with its investigations of breaches of the Regulations.