Charities could be fined up to £500,000 for sending unwanted SMS messages, emails, live and recorded phone calls as a result of amendments to UK regulations due to come into effect next month.

The amendment to the Privacy and Electronic Communications Regulations gives the Information Commissioner’s Office (ICO) more powers to regulate, audit and fine marketers for sending out undesired communications on electronic channels. Given the recent spike in charities embracing SMS in particular as a way to communicate with supporters, this is an area of particular interest to the sector.

In addition to its ability to fine organisations, which include charities, for breaches of these regulations, the ICO will also be able to investigate violations. Under the regulations internet service providers and telecommunications companies will be obliged to inform the ICO of any breaches. On 25 May, 2011, the date the amended regulations come into effect, the ICO will also assume responsibility for regulating compliance with new rules which require website owners to request permission from users to drop cookies, a device which stores user behaviour, preferences and the like.

Charities could be caught out by further regulations and codes with regard to electronic media, with the Institute of Fundraising also responding to changes and increased interest in the area. The organisation currently has a working party developing a new draft code on Fundraising through Electronic Media, which will cover SMS and email.