PECR: Monetary Penalties (Regulation 31)
Monetary Penalties [Reg 31]
Rule: The ICO can impose monetary penalties of up to £500,000 for serious PECR contraventions.
Penalty conditions
| Condition | Details | Citation |
|---|---|---|
| Serious contravention | Must be serious breach of PECR | Reg 31(1)(a) |
| Likely to cause damage/distress | To persons OR | Reg 31(1)(b)(i) |
| Deliberate | Contravention was deliberate OR | Reg 31(1)(b)(ii) |
| Knew or ought to have known | Risk of contravention and failed to prevent | Reg 31(1)(b)(iii) |
Maximum penalty
| Amount | Application |
|---|---|
| £500,000 | Maximum for serious contraventions |
Penalty considerations
| Factor | Details | Citation |
|---|---|---|
| Nature and seriousness | Of the contravention | Reg 31(3)(a) |
| Period | How long breach continued | Reg 31(3)(b) |
| Actions taken | Steps to comply or mitigate | Reg 31(3)(c) |
| Previous contraventions | Past enforcement action | Reg 31(3)(d) |
| Financial circumstances | Ability to pay | Reg 31(3)(e) |
Source Text
31.—(1) The Commissioner may serve a person with a monetary penalty notice if the Commissioner is satisfied that— (a) there has been a serious contravention of the requirements of these Regulations by that person; and (b) the contravention— (i) is of a kind likely to cause substantial damage or substantial distress, or (ii) has been deliberately committed by that person, or (iii) that person knew or ought to have known that there was a risk that a contravention would occur and failed to take reasonable steps to prevent the contravention.
(2) The amount of a monetary penalty determined by the Commissioner under this regulation shall not exceed £500,000.
(3) In determining the amount of a monetary penalty, the Commissioner shall have regard to— (a) the extent to which the contravention was deliberate or negligent; (b) the nature and seriousness of the contravention; (c) any steps taken by the person to comply with the requirements; (d) any previous enforcement action taken against the person under these Regulations…
Notable ICO penalties
| Company | Amount | Reason |
|---|---|---|
| Various nuisance call companies | £100K-500K | Unsolicited marketing calls |
| Cookie consent violations | Varies | No consent for tracking cookies |