Unsolicited Communications Regulations
The Unsolicited Communications Regulations 2005 ("the UCR") restrict the making of unsolicited marketing communications to individuals by:
- telephone calls;
- fax messages;
- e-mail communications, and
- automated calling systems.
They also provide a vehicle for compensation claims in respect of contraventions of the UCR.
The Communications Commission is required to maintain registers of people who have indicated that they do not wish to receive unsolicited communications by telephone or fax. These registers are the Telephone Preference Service and the Fax Preference Service which are managed by the Direct Marketing Association on behalf of the Communications Commission.
Guidance on direct marketing is below.
Please follow these links to view the legislation:
The UCR came into effect on 1st October 2005 and implement Article 13 of the Privacy and Electronic Communications Directive, 2002/58/EC of the European Parliament. The Regulations reflect regulations 19 - 33 of the UK Privacy and Electronic Communications (EC Directive) Regulations 2003.
The European Directive was amended in May 2011, in particular in respect of cookies, and whilst the changes do not affect the UCR as currently drafted, they are considered to be best practice within the sector, and voluntary adoption by organisations in the Isle of Man may be appropriate.
Following the implementation of the GDPR, the Schedule to the UCR was amended on 20 November 2019 (SD2019/0456), and the Commissioner may issue information notices, enforcement notices and penalty notices in respect of UCR investigations and infringements.