The Information Commissioner’s Office (ICO) has clarified the meaning of ‘informed consent’ to receive direct marketing, in a monetary penalty notice issued to Xerpla. The ICO fined Xerpla £50,000 for sending over 1.2 million unsolicited marketing emails to individuals between 6 April 2015 and 20 January 2017, advertising products and services for or on behalf of third parties.
The ICO found that Xerpla had infringed the UK Privacy and Electronic Communications Regulations (PECR) by not obtaining valid consent, as recipients were not sufficiently informed. Consent, to be valid, must be specific and informed, freely given and involve a positive indication to signify agreement.
The ICO fined Xerpla £50,000 for negligently breaching regulation 22 of PECR, by sending unsolicited emails to individual subscribers without consent.
Click here to read the monetary penalty notice in full.