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Directors to be held personally liable for nuisance calls, emails and texts

The government appears intent on cracking down harder on those responsible for making nuisance calls.

The Information Commissioner’s Office (ICO), the regulator responsible for policing the current legislation, has had difficulty enforcing the current legislation. Since 2010, of the £17.8 million in fines that it has imposed, for the making of nuisance calls and the sending of nuisance emails and texts, only just over half have been paid. The ICO’s efforts have been hampered by some of the companies it has fined going into liquidation rather than paying their fine.

Government proposals, contained in a consultation paper published on 30 May 2018, include proposals to make directors personally liable for nuisance calls and messages that their companies send. If introduced this change in the law would mean directors of companies that break the rules face fines of up to £500,000 each.

This development comes fast on the heals of changes in the law in 2015, which made it easier for the ICO to fine companies for conduct of this type, and General Data Protection Regulations (GDPR) becoming law on 25 May 2018. GDPR represents the most significant overhaul of data protection legislation for 25 years.

The need to comply with data protection law has received particular regulatory attention in recent years and this does not look set to change. All the more reason, therefore, for well run organisations to make sure that the marketing messages and other communications they send out comply with the law. If you have any concerns in this regard, or simply wish to learn more, the team at Linder Myers has a wealth of experience that you can call on and we would be delighted to assist.

The consultation runs until 21 August 2018. You can access the government’s consultation document at https://www.gov.uk/government/consultations/nuisance-calls-and-messages-action-against-directors

For further guidance on this topic, please do not hesitate to Call Us on 0800 042 0700 or email enquiries@lindermyers.co.uk

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