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Following the adoption of the Telecommunications Data Protection Directive by the European Parliament in 1997, the Department of Trade & Industry (DTI) and the Office of Communications (OFCOM) entered into a public consultation period resulting in The Telecommunications (Data Protection and Privacy) Regulations 1999 which affect all telemarketers in the UK and came into force 1st May 1999 and replaced on 11th December 2003 by the Privacy and Electronic Communications (EC Directive) Regulations 2003. The Directive and Regulations are wide-ranging in their scope and should be studied carefully, in their entirety, by UK tele- & fax-marketers.
In February 1999 OFCOM issued an Invitation To Tender for the Management of the Telephone and Fax Opt-Out Schemes. The DMA was awarded the contract to run the Telephone Preference Service (TPS) and Fax Preference Service (FPS).
Under the Regulations it is unlawful to fax to an Individual unless you have their prior consent.
The FPS, however, will enable Businesses to register their objection to receiving direct marketing faxes with a central service. Fax marketing companies will be able to receive the numbers of Businesses who have registered by subscribing to the FPS.
The Regulations require that companies comply with an Individual's request for suppression made to the central registration scheme no later than 28 days after the request was registered.
In the UK it is illegal to send an unsolicited fax broadcast to the following groups:
Individuals
Sole Traders
Partnerships (except in Scotland)
Companies that have indicated a desire to NOT receive faxes and have joined the Fax Preference Service, or have notified you directly that they do not wish to receive further faxes from you.
Advertisers who do not follow these guidelines can be given a caution and, upon further infringement, a fine of up to £5000.
Granada Marketing UK are an FPS registered company who follow Fax Preference Service guidelines when offering our faxing service.
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