New Direct Marketing Penalties

The Data Protection Commissioner’s office is advising direct marketers about new regulations and penalties for unsolicited communications by telephone, fax, email and text message.

If a subscriber receives unsolicited communications, the onus is on the defendant to prove that the subscriber signed up for the service.

The penalty has been raised from €3,000 to €5,000 for a summary offence tried in the district court.

Unsolicited communications can now also be tried in the circuit court as an indictable offence.

In the circuit court, the maximum fine for a company is €250,000. But if 10% of the company turnover is greater than that amount, then the fine will be 10% of the turnover. For any non-corporate individuals who send out unsolicited communications, the fine is €50,000.

There’s also the standard provision for the prosecution of an employee of the company as well, whether or not the company has been prosecuted or convicted.

Billy Hawkes, the Data Protection Commissioner, has said unsolicited communications for direct marketing purposes – email, telephone, fax or text message - may be a criminal offence and ignorance of the law is not an acceptable excuse.