What is the difference between GDPR and PECR (Updated 2025)

Key Takeaways

• GDPR and PECR serve different but complementary purposes. GDPR broadly governs personal data processing, while PECR focuses on electronic communications and marketing.

• Compliance with one doesn’t guarantee compliance with the other. Businesses must understand when each regulation applies and ensure that consent mechanisms meet both standards.

• Ignoring PECR can be just as risky as overlooking GDPR. While PECR fines may be lower, breaches can still lead to enforcement action, reputational damage, and customer distrust.

Introduction: Understanding GDPR and PECR

Navigating data protection laws can be complex, especially when multiple regulations apply. The General Data Protection Regulation (GDPR) and the Privacy and Electronic Communications Regulations (PECR) are two of the most important legislation in the UK and EU data landscape. While closely related, they serve different purposes and apply in various contexts. Understanding the distinction between them is essential for any organisation handling personal data or engaging in electronic marketing.

What is GDPR?

The General Data Protection Regulation (GDPR) is a comprehensive data protection law that came into force in May 2018. It governs how organisations collect, process, store, and share personal data of individuals within the European Union (and, by extension, the UK through the UK GDPR post-Brexit).

Key points:

• Applies to all organisations processing personal data of EU/UK residents, regardless of location.

• Sets out principles for lawful data processing.

• Empowers individuals with rights over their data, such as access, rectification, and erasure.

• Requires lawful bases for processing data (e.g., consent, contract, legal obligation).

What is PECR?

The Privacy and Electronic Communications Regulations (PECR), introduced in 2003 to complement the Data Protection Act, now sit alongside GDPR. PECR focuses specifically on privacy in electronic communications.

Key areas covered by PECR:

• Marketing by email, text, phone, or fax.

• Use of cookies and similar technologies on websites.

• Traffic and location data.

• Security of public electronic communications services.

While GDPR governs the handling of personal data more broadly, PECR zooms in on privacy issues in the context of electronic communications.

Key Differences Between GDPR and PECR

Scope of Regulation

• GDPR applies broadly to processing personal data across all industries and sectors.
• PECR focuses explicitly on privacy in electronic communications, such as marketing emails, phone calls, SMS, and cookies.

Consent Requirements

• GDPR includes consent as one of six lawful bases for processing personal data.
• PECR often requires prior consent for specific activities, like marketing emails or setting non-essential cookies.

Applicability

• GDPR applies to any organisation handling personal data of individuals in the EU or the UK.
• PECR applies to businesses engaging in electronic marketing or using electronic communications services.

How They Interact

• When PECR requires consent, that consent must meet GDPR standards. It must be specific, informed, freely given, and unambiguous.

Enforcement Bodies

• Both are enforced by the Information Commissioner’s Office (ICO) in the UK (or equivalent regulators in other EU countries).

Penalties

• GDPR carries much higher potential fines, up to €20 million or 4% of global turnover.
• PECR allows fines up to £500,000 in the UK, though penalties can still be significant, especially for repeat or large-scale violations.

Practical Focus

• GDPR governs how personal data is collected, processed, and stored.
• PECR governs how businesses communicate with individuals using electronic channels.

When Does PECR Apply Instead of GDPR?

PECR takes precedence over GDPR in matters relating to electronic communications, such as:

• Sending unsolicited marketing emails or text messages.

• Making live or automated marketing phone calls.

• Using cookies or tracking technologies on websites.

For example, before setting non-essential cookies, you must comply with PECR’s rules on consent, even before considering your GDPR obligations.

How GDPR and PECR Work Together

PECR and GDPR are not mutually exclusive; they often work in tandem. In many cases, you must comply with both regulations. For instance:

• PECR requires consent for marketing emails.

• GDPR requires that consent be specific, informed, and freely given.

This means your consent process must meet GDPR standards when PECR says consent is required.

In other words, PECR tells you when consent is needed, and GDPR tells you how to obtain valid consent.

Compliance Requirements for Businesses

To stay compliant, organisations should:

• Audit their marketing practices to ensure they meet PECR requirements.

• Review cookie usage and obtain proper consent using banners or pop-ups.

• Align data collection and consent mechanisms with GDPR principles.

• Maintain records of consent and data processing activities.

• Provide easy opt-out mechanisms for marketing communications.

A Data Protection Impact Assessment (DPIA) may be helpful when introducing new technologies or marketing strategies involving personal data.

Penalties for Breaching GDPR vs. PECR

GDPR violations can lead to severe penalties, up to €20 million or 4% of global annual turnover, whichever is higher.

PECR penalties, while lower, are still significant. The UK’s Information Commissioner’s Office (ICO) can issue fines of up to £500,000 under PECR, and has done so in multiple high-profile cases involving unsolicited marketing.

It’s also worth noting that the reputational damage and loss of customer trust from non-compliance can often exceed financial penalties.

Real-World Examples: GDPR vs. PECR in Action

• Email Marketing: A company sends promotional emails without user consent, which is a PECR violation. If the consent mechanism is also non-compliant (e.g., pre-ticked boxes), it’s a GDPR issue, too.

• Website Cookies: A website sets tracking cookies without obtaining prior consent. This breaches PECR. If personal data is collected, GDPR is also engaged.

• Data Breach: A hacker gains access to personal data. GDPR governs the response (e.g., reporting within 72 hours), but PECR may apply if a telecom or ISP is involved.

Conclusion: Why Understanding Both is Crucial

While GDPR is widely recognised, PECR is often overlooked, yet it is just as important for businesses engaged in electronic communication. Both laws serve to protect individual privacy, but from different angles. Understanding where they apply and how they overlap is key to maintaining compliance, avoiding fines, and building trust with your customers.

Being proactive with data protection is not just about avoiding legal trouble—it’s about respecting your audience and maintaining a responsible business reputation in the digital world.

Frequently Asked Questions (FAQs)

1. Do I need to comply with both GDPR and PECR?
Yes. If your organisation engages in electronic marketing (such as sending emails, using cookies, or making promotional calls), you must comply with PECR. At the same time, any personal data you collect or process must comply with GDPR. In many cases, both laws apply simultaneously.

2. Can I rely on “legitimate interest” under GDPR to send marketing emails?
No. Regarding electronic marketing, PECR requires prior consent, regardless of your lawful basis under GDPR. Legitimate interest may apply under GDPR for some data processing activities, but it does not override PECR’s specific consent requirements for marketing.

3. What happens if I breach PECR but not GDPR?
You can still face enforcement action. The Information Commissioner’s Office (ICO) enforces PECR independently of GDPR. It has issued fines for breaches such as unsolicited marketing messages, improper cookie use, or failure to honour opt-outs, even when GDPR was not violated.