DIRECTORS & COMPANY SECRETARIES – THE LAW IS CHANGING! DO YOU WANT TO BE FINED £500,000?

Know your personal liability – If you are a Director or Company Secretary listen up! The law is changing and you could be personally liable for up to £500,000.00.

The law is changing with effect from 17 December 2018 as a result of changed detailed in the Privacy and Electronic Regulations (Amendment) 2018 (PECR). These regulations sit alongside subsisting data protection laws and the infamous GDPR, in order to provide specific guidance in connection with e-communications.

BACKGROUND

PECR covers specific areas such as electronic marketing, the use of cookies, the security of electronic communications and privacy of customers.

If your company undertakes any marketing by phone, email, fax or even text, uses cookies or similar technology on its website or has a database of contacts – it is subject and will be held accountable under PECR.

Please note that your requirements under GDPR will remain. Your company must therefore comply with both GDPR and PECR.

PERSONAL LIABILITY

Whilst PECR is not new and has in fact been in place for some time, the ability for Directors and Company Secretaries to be pursued and be held personally accountable is a new provision, which will shortly be effective and available.

If you are a Director or Company Secretary you could be held accountable if your company is found to be in breach of PECR, whether you were aware of this breach, allowed a breach to be carried out or if you are deemed to be negligent in allowing a breach to take place. This includes a monetary fine of up to £500,000.00.

PROCEDURES

It is therefore imperative that these regulations are not ignored and overlooked and that you ensure that your company is and will comply with both GDPR and PECR in order to avoid any potential personal liability.

If you are a Director or Company Secretary and are unsure of the obligations/responsibilities placed on you personally and need some further advice, or if you need further advice in connection with your company’s procedures, our specialist team of Commercial Solicitors can provide you with the assistance you require.