PECR Compliance
Please note that the information provided below is not intended as legal advice and we cannot be held legally responsible for it. We have sought legal counsel and the content on this page reflects our interpretation of the law. If you have any concerns about compliance with PECR, we recommend sharing this page with your legal team.
The Privacy and Electronic Communications Regulations (PECR) are a set of rules that apply to the use of electronic communications services in the UK. PECR sits alongside the General Data Protection Regulation (GDPR) and applies specifically to the use of electronic communications, such as telephone, fax, email, and internet services.
PECR sets out rules on issues such as cookies, unsolicited direct marketing, and the collection and use of traffic data. PECR applies to both public and private sector organisations, and the rules are enforced by the UK's data protection regulator, the Information Commissioner's Office (ICO).
Is Proxima Analytics PECR Compliant?
Article 6 of PECR deals with the use of cookies and similar technologies. It requires that websites and other electronic communication services must obtain the prior consent of users before setting cookies, or similar technologies, on their device. This means that users must be informed about the purposes for which the cookies are being set and must give their consent before they are set.
There are some exceptions to this requirement, including where the cookies are strictly necessary for the provision of a service requested by the user, or where the cookies are used for the purpose of carrying out the transmission of a communication. In these cases, consent is not required.
In summary, if you want to store or access information on a website visitor's device, you must obtain their consent according to PECR. However, Proxima Analytics only uses the IP Address and User-Agent temporarily for analytics purposes, the data is obfuscated and anonymised and does not access or store any information on the website visitor's device.
Is Google Analytics' Use of Cookies Exempt from PECR Regulations?
If you use Google Analytics on your website, it is necessary to obtain active consent from your users in order to be compliant with PECR. This means that relying on consent through browser settings alone is not sufficient. Google Analytics utilises cookies to function, and according to the UK's Information Commissioner's Office (ICO), analytics cookies are not exempt from PECR's requirement for consent. It is important to ensure that you have obtained proper consent before using Google Analytics on your website, especially if you are based in the UK.
The Road Ahead
As a company, we take compliance with privacy laws and regulations very seriously, and we are committed to ensuring that our software and services adhere to the principles of data protection. With regards to the PECR, we will continue to closely monitor any developments and updates to the legislation to ensure that our operations are fully compliant with the latest requirements. We are dedicated to protecting the privacy of our users and their website visitors, and we will always work diligently to ensure that our software and services align with this commitment.