The extension of the definition of electronic mail comes in the
latest revision to the guidance for marketers on the Privacy and
Electronic Communications Regulations (PECR) issued by the
Information Commissioner.
Previous updates had extended the definitions to messages sent
via Bluetooth to consumers, but the latest guidelines extend it
also to WAP messages. These messages are sent to handsets and
typically contain a link which, when clicked, take the user to an
internet site via a mobile phone's browser. The content is often
marketing or advertising.
"Although WAP messages have yet to see widespread use, they are
likely to feature more as an increasing number of new handsets
become internet capable," said Daradjeet Jagpal, a data protection
specialist at Pinsent Masons, the law firm behind OUT-LAW.
"The inclusion of WAP messages in the definition of electronic
mail in the latest guidance, and Bluetooth messages in the former
version, indicates that the Information Commissioner is taking a
reactive approach to new technological developments, and is
providing much-needed guidance on how PECR applies to them," said
Jagpal.
The PECR guidelines are the rules which marketers must follow
when communicating with customers in electronic form. They say that
in general there should be no electronic marketing without the
permission of the person being sent messages. This is the third
version of PECR guidance.
The guidance is largely unchanged from the second version, which
for the first time split the guidance into information for
marketers and information for subscribers. This version changes
little about the marketers' information in the second piece of
guidance.
Jagpal said that the regular guidance provides vital clarity in
a business that is evolving as fast as the technology around it.
"For those operating in the direct electronic marketing industry,
the added clarity that the new version of the PECR guidance
provides to their current or proposed activities is to be
welcomed," he said.
