- Since 5 February 2026 the regulator can fine up to £17.5 million or 4% of global turnover for breaking PECR. The cap used to be £500,000.
- A text or email now counts once it's sent, even if it never arrives, and a call counts as soon as you try to connect.
- The consent rules didn't loosen. The new soft opt-in is for charities only, not for lead sellers or buyers.
- The sender is responsible, even when sending for someone else, and company officers can be fined for marketing breaches they allowed.
- If you buy leads, check the consent names you, covers the channel you use, and that you can prove it for every lead.
The short answer
The Data (Use and Access) Act 2025 brought fines for marketing calls, texts and emails into line with data protection fines. The new limits apply to anything done from 5 February 2026. What you need before you call or text someone is the same as before. The cost of getting it wrong is not.
What changed, and when
The Act came in stages. These are the dates that matter for anyone who calls, texts or emails people about a quote.
- 20 August 2025Direct marketing defined in PECRThe data protection definition of direct marketing now sits in PECR too.
- 5 February 2026Higher fines and new powersFines up to £17.5m or 4%, new cookie exceptions, and a soft opt-in for charities.
- 19 June 2026Complaints dutyOrganisations must give people an easy way to complain about how their personal data is used.
- 30 September 2026A new regulatorThe Information Commission took over from the Information Commissioner's Office.
What's different about enforcement
Beyond the bigger fines, the rules now reach further. A text or email counts once it's sent, even if it never arrives. A call counts when you try to connect, even if nobody answers.
The regulator also gained the investigation powers it has under data protection law: assessment notices, witness interviews and technical reports.
- Fines up to £500,000
- A security audit power, not full assessments
- Fines up to £17.5m or 4% of global turnover
- Sent texts and emails count, received or not
- Call attempts count as calls
- Assessment notices, witness interviews and technical reports
What didn't change: you still need consent
Marketing texts and emails to people still need their consent. The soft opt-in still only covers a business's own customers, for its own similar products; the Act extended it to charities, not to anyone else.
Automated calls still need consent given for automated calls specifically. Live calls still can't go to numbers on the TPS without it.
- Lead sellers passing details to buyers
- Buyers marketing to people who came from a lead seller
- Anyone marketing other firms' products
- A business emailing or texting its own customers about similar products
- From 5 February 2026, charities furthering their charitable purposes
What still gets fined
Two fines from January 2026 show the pattern, under the old cap because the conduct was in 2023.
One firm emailed people from a third-party sign-up that listed 361 partners with no way to choose. It was the sender, so it was liable, though it sent for another company. The other called its marketing texts service updates.
What it means if you buy or sell leads
Consent given to a lead seller doesn't pass to you by default. The ICO says it must specifically identify you; generic consent covering any third party is not enough.
On the branded pages we build for one installer, the consent line names that installer.
- "Our partners may contact you", with a link to hundreds of names
- No way to choose who gets the details
- Says nothing about how you'll be contacted
- Nothing kept to show what the person saw
- Names the business that will contact them
- Says which channels: calls, texts, emails
- Separate, specific consent for automated or AI calls
- Wording, time and page stored with every lead
Service message or marketing?
A message about someone's quote stays a service message only while it promotes nothing. The second an offer, a discount or another product slips in, it's marketing and needs consent. The same text can sit on either side of the line.
- "Hi Sarah, it's Tom at [Your Company] about your quote request. I'll call you at 2pm."
- "Your survey is booked for Thursday at 10am. Reply to change it."
- "Your quote is in your inbox. Any questions, just reply."
- "...and this month only, 10% off a battery."
- "Thinking about a heat pump too? Ask us for a quote."
- "Refer a friend and get a voucher."
What to do now
None of this needs a big project. Five checks cover most of the risk.
- 1Read the consent line on every source
Open the form your leads come from. The consent must specifically identify your business, not hide it in a long partner list.
- 2Match consent to the channel
Calls, texts, emails and automated or AI calls each need to be covered. Consent to a live call doesn't cover a recorded or AI voice.
- 3Keep proof for every lead
Store the wording shown, the time, and the page it came from. Ask suppliers to send it with each lead.
- 4Keep service messages clean
"We'll call you shortly about your quote" is service. Add an offer and it becomes marketing that needs consent.
- 5Honour every stop at once
Keep a suppression list across all your brands and suppliers, and screen calls against the TPS.
AI prompts to check your own set-up
Copy these into ChatGPT or Claude and fill in the brackets with your own details. They help you find problems quickly. They aren't legal advice, and they don't replace a data protection adviser.
Audit my consent wordingPaste the consent line from your form; get the gaps and a cleaner version.
You are reviewing consent wording for UK direct marketing under PECR and the ICO's guidance, for a lead generation form. This isn't legal advice; flag anything I should check with a data protection adviser. The exact wording next to the submit button: [paste]. Any linked partner list or privacy notice: [paste or describe]. Who will contact the person: [business names]. How: [live calls, texts, emails, automated or AI calls]. Whether we screen against the TPS: [yes/no]. Go through it line by line and tell me, in a table (line, problem, risk high/medium/low, suggested rewrite): 1. Does it specifically name each business that will contact them, or hide it in a long list? 2. Does it cover each channel we'll use? Is there separate, specific consent for automated or AI calls? 3. Is it a clear choice the person makes, not bundled with something else? 4. Does it tell them how to stop? 5. What should we store with every lead to prove it (wording, time, page)? Then write one clean version. Never say the wording is definitely compliant; say what would make it stronger.
Write service texts that stay service textsThe messages around a quote, with no marketing slipped in.
You are writing customer messages for [company], a [type of business] in the UK. People reach us by asking for a quote for [service]. Our steps after an enquiry: [e.g. call, survey, quote, follow-up]. Write 6 service messages (texts under 160 characters, from [name] at [company]): 1. Thanks, we'll call you shortly. 2. Sorry we missed you, when suits? 3. Your survey is booked. 4. Reminder the day before. 5. Need to rearrange? 6. Your quote has been sent. For each, show one line that would turn it into marketing (an offer, a discount, another product) and say why that changes it. Rules: no offers, discounts, other products, upsells or referral asks in any service message. If I want a marketing message, write it separately and tell me what consent it needs. This isn't legal advice; flag anything to check with a data protection adviser.
Questions to ask a lead supplier about consentA questionnaire with what good and bad answers look like.
You are helping a UK business that buys leads check a supplier's consent before buying. This isn't legal advice; flag anything to check with a data protection adviser. We buy [type of lead] from [supplier], and we contact people by [calls, texts, emails, automated or AI calls]. Write a questionnaire of 12 to 15 questions, grouped under: the form and its wording, the channels covered, proof sent with each lead, TPS screening, stop requests and suppression, other suppliers they buy from, and what happens if consent turns out to be bad. For each question give what a good answer looks like and the red flags (for example: consent to "our partners" with a link to hundreds of names, no copy of the wording shown, no time or page recorded). Then write a short, polite email I can send the supplier with the questions attached.
Set up one stop list across everythingSo a stop by text, call or email reaches every tool and brand.
You are an operations lead setting up opt-out handling for a UK business that markets by phone, text and email. This isn't legal advice; flag anything to check with a data protection adviser. Our brands: [list]. Our lead suppliers: [list]. Our tools: [dialler, SMS tool, email tool, CRM, anything else]. Produce: 1. A simple process so a stop by any channel (a reply, a call, an email, a form) reaches every tool, brand and supplier, with who does what and how fast. Where you're unsure of a legal time limit, say "as soon as possible" and flag it. 2. How to screen calls against the TPS before dialling, and how often to refresh it. 3. What to record for each stop (who, when, how, which brand). 4. A monthly test: 5 checks that prove the list works. Keep it to one page, in plain English.
What this page is
General information about UK rules as we read them on 9 November 2026, not legal advice. Some ICO guidance is still marked as under review after the Act and may change. Check with a data protection adviser before you change how you call, text or email people.
Common questions
When did the higher PECR fines start?
On 5 February 2026. The new limits only apply to conduct from that date. Anything done before it is judged under the old rules, with the £500,000 cap.
Can lead generation companies use the soft opt-in now?
No. The Act extended the soft opt-in to charities only. For everyone else it still covers only a business's own customers, for its own similar products, with an opt-out each time.
Who regulates PECR now?
The Information Commission, which took over the Information Commissioner's functions on 30 September 2026. Its guidance still sits on the ico.org.uk site for now.
Does a text count if it never arrived?
Yes. Since the Act, texts and emails count once they're sent, whether or not they're received, and a call counts as soon as you try to connect.
Sources
- The Data (Use and Access) Act 2025 (Commencement No. 6 and Transitional and Saving Provisions) Regulations 2026, SI 2026/82
- The Data (Use and Access) Act 2025 (Commencement No. 9 and Transitional and Saving Provisions) Regulations 2026, SI 2026/1015
- Data (Use and Access) Act 2025, section 114: soft opt-in for charities
- Data (Use and Access) Act 2025, Schedule 13: PECR enforcement
- PECR 2003, regulation 22: email and text marketing
- PECR 2003, regulation 19: automated calling systems
- ICO: Statement on the commencement of the Data (Use and Access) Act, 5 February 2026
- ICO: DUAA summary of the changes, privacy and electronic communications
- ICO: DUAA summary of the changes, schedules
- ICO: What are PECR?
- ICO: Electronic and telephone marketing (consent obtained indirectly)
- ICO: Telephone marketing
- ICO: Identify direct marketing
- ICO: Fines of £225,000 for nuisance marketing messages, 20 January 2026
- ICO: Warning over robo calls as energy firms fined half a million pounds, 25 September 2025
Tell us what you buy and where. We'll show you the consent wording on the pages your leads would come from, before you spend anything.
Written by Jay Rodrigues, Co-founder and CEO at Convrsion. Prices and figures come from the sources listed and were checked on 9 Nov 2026. Convrsion runs lead generation campaigns in the UK and US, so we buy, sell and follow up leads every day; this page is general information, not a quote or legal advice.
