Get ready for even more e-privacy laws, says Barnardo's executive

Liz Curry, information governance and GDPR strategic lead at the charity, warns an IoF conference that the ePrivacy Regulation will be introduced next year, but there is a danger it will be overlooked

Charities need to start preparing for the introduction of further privacy regulations that are due to come into force next year, Liz Curry, information governance and GDPR strategic lead at Barnardo's, has warned.

The ePrivacy Regulation, which will replace the existing Privacy and Electronic Communications Regulations and supplement the General Data Protection Regulation, will introduce the need for consent on electronic communications not covered by the GDPR, such as the use of cookies.

The new regulation was originally intended to be introduced at the same time as the GDPR but has been pushed back until 2019.

Speaking at the Institute of Fundraising Technology Group Conference in central London on Friday, Curry said that the ePrivacy Regulation had been in danger of being overlooked in the sector’s preparations for the GDPR.

"I think a lot of people don’t realise that when the ePrivacy law comes in it will trump the GDPR," she said. "So actually we’ve all been worried about the GDPR, but it’s ePrivacy we need to start looking at."

No date has yet been set for the implementation of the new law, but it is expected to happen in 2019.

Curry said the new law would distinguish between communications between organisations and communication from organisations to consumers.

According to Curry, the new rules would include allowing people to switch off their browsers' ability to download cookies – small packets of information stored on the user’s computer by some websites to track their usage and preferences.

"That’s lovely for the users, but what happens when they come to our website and they can’t access our shop any more because they’ve turned their cookies off?" Curry said.

The law would also affect telephone marketing, she added.

"When we’re making direct marketing calls, we are going to be required to display call-line identification, so we will be required to display a specific code or prefix that identifies the call as a marketing call," she said.

"So this is going to have quite a big impact on us. The GDPR’s been and gone, and we’ve all breathed a sigh of relief, but let’s just keep our eyes on the future."

The regulation would also affect communications through instant messaging services, she said.

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