Flowchart description
1. Are you using storage and access technologies?
If you are not using storage and access technologies, PECR regulation 6 does not apply. However, if you are processing personal data (including non-obvious identifiers), the UK GDPR applies. If you are not processing personal data, the UK GDPR does not apply.
If you are using storage and access technologies, apply PECR regulation 6 before the UK GDPR. Then consider the following:
2. Is the storage and access technology essential for the transmission of the communication?
3. Is the storage and access technology “strictly necessary”?
4. Does the “statistical purposes” exception apply?
5. Does the “appearance” exception apply?
6. Does the “emergency assistance” exception apply?
If the answer is “no” to all questions 2 to 6, consent is required (to UK GDPR standard).
If the answer is “yes” to any of questions 2 to 6, consider the following:
7. Do you only use the storage and access technology for this purpose?
If the answer is “yes” to question 7, an exception applies and consent is not required. Then consider if you are processing personal data. If you are processing personal data (including non-obvious identifiers), the UK GDPR applies. If you are not processing personal data, the UK GDPR does not apply.
If the answer is “no” to question 7, consent is required (to UK GDPR standard).