Which marketing-related activity is least likely to be covered by the provisions of Privacy and Electronic Communications Regulations (Directive 2002/58/EC)?

Which marketing-related activity is least likely to be covered by the provisions of Privacy and Electronic Communications Regulations (Directive 2002/58/EC)?

A. Advertisements passively displayed on a website.

B. The use of cookies to collect data about an individual.

C. A text message to individuals from a company offering concert tickets for sale.

D. An email from a retail outlet promoting a sale to one of their previous customer.

View Answer

Answer: A

Explanation:

The Privacy and Electronic Communications Regulations (PECR) – based on the EU Directive 2002/58/EC, often referred to as the ePrivacy Directive – deals primarily with the processing of personal data and the protection of privacy in the electronic communications sector.

Let’s look at each of the options:

A. Advertisements that are passively displayed on a website (i.e., non-targeted general ads that all visitors see) aren’t collecting or processing any individual’s data, and thus are least likely to be covered by PECR.

B. The use of cookies is specifically addressed in the ePrivacy Directive. Cookies can be used to track an individual’s behavior online, and websites need to get users’ consent before placing cookies on their device, with some exceptions.

C. PECR sets out rules on marketing calls, emails, texts, and faxes. Unsolicited messages for marketing purposes are generally not allowed without specific consent or other strict conditions being met.

D. Sending emails for direct marketing purposes is covered by PECR. Such communications typically require prior consent from the recipient, although there’s a specific exemption known as the "soft opt-in" which might apply in the case of previous customers, under certain conditions.

Given the choices, passive advertisements displayed on a website are the least intrusive in terms of personal data collection and processing, and therefore are the least likely to be covered by the provisions of PECR.