FAO COMPANY DIRECTORS
Attention all company directors and other company officers, did you know that amendments to current legislation changed in December 2018? The ePrivacy Regulations amend the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR) and include the modification of the Data Protection (Monetary Penalties) (Maximum Penalty and Notices) Regulations 2010 and the Data Protection (Monetary Penalties) Order 2010.
PECR (ePrivacy) regulates alongside the Data Protection Act 2018 and GDPR and protects the privacy rights of individuals with regards to electronic communications. PECR (ePrivacy) specifically regulates the marketing by electronic means, including marketing calls, texts, emails and faxes and the recent amendments are well overdue. I am certain we have all had those nuisance calls offering services that we never need or requested, that’s what PECR (ePrivacy) regulates on behalf of our privacy rights.
These recent changes were made to ban cold-calling of claims management services and make directors and other company officers personally liable for any monetary fines issued for illegal marketing. The Information Commissioner’s Office (ICO) are working with other government bodies such as Companies House and Insolvency Service to ensure these organisations are held accountable.
The ICO have blocked companies being wound up in an attempt to not paying fines, which is then referred to the Insolvency Bureau for further action. This action can include the directors being disqualified for up to 15 years as well as being personally liable for any fines issued.
ICO investigations have held 16 directors accountable for their actions, which has resulted in a combined ban from running a business for more than 100 years.
Richard Jones, 31, of Carmarthen, South Wales has been barred from being a company director for eight years after his two companies, Your Money Rights Ltd and Miss-Sold Products UK Ltd were responsible for 220 million automated nuisance calls and failed to pay fines issued by the ICO.