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Corporate Telephone Preference Service

CTPS

What is the Corporate Telephone Preference Service?

The Corporate Telephone Preference Service has been set up following the publication by DTI of the new Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2004. The new Regulations will come into force on 25 June 2004 and will amend the existing Privacy and Electronic Communications (EC Directive) Regulations 2003. The new Regulations mean that it is unlawful for someone in business (including charities or other voluntary organisations) to make unsolicited sales and marketing calls to a telephone number allocated to a corporate subscriber if that corporate subscriber has either told that business or organisation that do not want to receive such calls or has registered the number with the Corporate TPS that they do not wish to receive such calls from any business or organisation.

We suggest you visit the Information Commissioner's website for their guidance on the Regulations http://www.informationcommissioner.gov.uk/eventual.aspx?id=95

Who needs to comply with the Regulations?

All those in business (including charities and voluntary organisations) who make unsolicited sales and marketing calls to individual or corporate subscribers. Both 'cold' lists and customer lists should be screened against the Corporate Telephone Preference Service File before calls are made, to ensure compliance with the Regulations. There is an exception to the above and that is where the subscriber has already indicated to the calling business or organisation that they do not object to sales and marketing telephone calls.

My company already operates an in-house "do-not-call" list. Do we need to sign up with the Corporate TPS as well?

The Regulations stipulate that you should not call a corporate subscriber who has previously notified you that unsolicited direct marketing telephone calls are unwelcome. The Regulations also stipulate that direct marketing telephone calls should not be made to corporate subscribers who have registered with a managed telephone register, the Corporate TPS. You will therefore need to ensure you do not contact any corporate subscriber who is registered with the Corporate TPS as well as screening numbers against your own in-house "do-not-call" list.

Can I call my customers?

The Regulations cover telephone calls made to customer lists as well as non-customer lists. You will be able to continue to call a customer only if they have previously indicated that they do not object to you calling them.

What happens if my company calls a number that is registered with the Corporate TPS?

Should a subscriber with the Corporate TPS make a complaint about calls from a telemarketer, the TPS office will investigate the circumstances in which the call was made. A record of the complaint will be included on a regular report that is sent to The Information Commissioner's Office. The Information Commissioner's Office has the responsibility of enforcement under the Privacy and Electronic Communications (EC Directive) Regulations 2003. A subscriber can also contact the Information Commissioner directly to complain about a call being received.

Who does the legislation define as a "Corporate Subscriber"?

A corporate subscriber includes corporate bodies such as a limited company in the UK, a limited liability partnership in England, Wales and Northern Ireland or any partnership in Scotland. It also includes schools, government departments and agencies, hospitals and other public bodies.

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