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Legislation
Data (Use and Access) Act 2025

Chapter 2 Privacy and electronic communications

  • Section 109 The PEC Regulations
  • Section 110 Interpretation of the PEC Regulations
  • Section 111 Duty to notify the Commissioner of personal data breach: time periods
  • Section 112 Storing information in the terminal equipment of a subscriber or user
  • Section 113 Emergency alerts: interpretation of time periods
  • Section 114 Use of electronic mail for direct marketing by charities
  • Section 115 Commissioner’s enforcement powers
  • Section 116 Codes of conduct
  1. Chapter 2 · Privacy and electronic communications
  2. Interpretation of the PEC Regulations

Section 110 | Interpretation of the PEC Regulations

From legislation.gov.uk

(1)Regulation 2 of the PEC Regulations (interpretation) is amended as follows.

(2)In paragraph (1)—

(a)in the definition of “call”, at the end insert “, and a reference to making a call includes a reference to attempting to establish such a connection”,

(b)in the definition of “communication”—

(i)for “exchanged or conveyed between” substitute “transmitted to”, and

(ii)for “conveyed”, in the second place it occurs, substitute “transmitted”, and

(c)at the appropriate place insert—.

(3)After paragraph (1) insert—

(1A)In the application of these Regulations in relation to—

(a)information that is sent but not received,

(b)a communication that is transmitted but not received,

(c)an electronic mail that is sent but not received, or

(d)an unsuccessful attempt to make a call,

a reference to the recipient of the information, communication, electronic mail or call is to be read as a reference to the intended recipient.

(4)In paragraph (4) omit “, without prejudice to paragraph (3),”.

(5)After that paragraph insert—

(5)References in these Regulations to a period expressed in hours, days, weeks, months or years are to be interpreted in accordance with Article 3 of the Periods of Time Regulation, except that Article 3(4) of that Regulation does not apply to the interpretation of a reference to a period in regulation 16A.

(6)In paragraph (5), “the Periods of Time Regulation” means Regulation (EEC, Euratom) No. 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time limits.

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