Part 5: Data Protection and Privacy Chapter 2: Privacy and electronic communications Section 110: Interpretation of the PEC Regulations
Section 110 amends Regulation 2 of the PEC Regulations.
	Subsection (2) amends Regulation 2(1) of the PEC Regulations.
	Subsection (2)(a) makes it clear that that the definition of "call" includes all calls, including those that are attempted irrespective of whether they connect with the intended recipient.
	Subsection 2(b) also amends the definition of "communication" to make it clear it covers communications, such as texts and emails, which are "transmitted". Previously, the regulation only referred to communications that were "exchanged or conveyed", which implied they needed to reach their intended recipient.
	Subsection (2)(c) is a technical amendment which inserts the meaning of "direct marketing" into Regulation 2 for ease of reference. The definition is currently drawn from the DPA 2018 (see paragraph 432(6) of Schedule 19 to the DPA 2018). Direct marketing covers all types of advertising, marketing or promotional material. It includes commercial marketing and the promotion of aims and ideals. A service message written in a neutral tone that is sent to comply with regulatory requirements (e.g. a bank updating a customer about changes in interest rates) would not usually count as direct marketing, unless parts of the message actively promote or encourage a person to take a particular action. See guidance produced by the Information Commissioner’s Office.
	Subsection (3) of section 110 inserts paragraph (1A) in Regulation 2. Paragraph (1A) clarifies the meaning of ‘recipient’ in the context of calls or communications that are sent or generated but not received. It provides that, in this context, a "recipient" should be taken to mean the ‘intended recipient’.
	Subsection (4) removes the reference to regulation 2(3) of the PEC Regulation which was previously deleted from the regulation.
	Subsection (5) inserts new paragraphs (5) and (6). New paragraph (5) states that references to periods of time expressed in hours, days, weeks, months or years are to be interpreted in accordance with Article 3 of the Periods of Time Regulation. New paragraph (6) defines the meaning of "the Periods of Time Regulation". This provision ensures consistency with section 205(2) of the DPA 2018 and new Article 4A of the UK GDPR (inserted by paragraph 3 of Schedule 11 to this Act).