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

What are the differences between the Corporate Telephone Preference Service (CTPS) and the Telephone Preference Service (TPS)?

The TPS enables Individuals (consumers, sole traders, and (except in Scotland) partnerships) to register their objection to receiving direct marketing calls with a central service. This means that the TPS file contains consumer telephone numbers as well as some business numbers.

The CTPS 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.

Therefore if you are contacting ‘business’ numbers for the purposes of sales and marketing, you must screen against both the TPS and CTPS files, as the TPS file contains business number also. If you are solely contacting consumers for the purposes of sales and marketing, then you only need to screen against the TPS file.

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.


How do I obtain the Corporate TPS data?

You will need to complete the online Application Form, the Corporate TPS Data File Licence and return them to the TPSL office. You will then be invoiced in accordance with your stated data selection. This invoice will need to be paid in full before data can be released.

Which type of licence is appropriate to my company?

The type of licence is dependent upon how you wish to receive the data.

Annual Data Supply

An Annual Licence is most relevant for those companies or organizations who are involved in ongoing telemarketing campaigns. . You will be able to take a full file covering the whole of the UK or a partial file, which is selected by the National Number Dial codes of the areas that you are calling. If you chose the web download option you can download as often as you wish, the website is updated daily. For the full file you can, if you prefer, receive the data on CD. It will be sent to you every 28 days.

Ad-hoc Data Supply

This Licence is relevant for organisations who are conducting one off or infrequent telemarketing campaigns. You will be able to order a full UK or partial file which is valid for 28 days, whenever you require it. You can choose either to download the data via our website or, for the full file, receive by CD.

Associate Licence

This is relevant for organisations who do not need to receive the data themselves, but who perhaps use an agency to make calls for them. They may wish to publicly indicate their compliance with the Regulations by using the Corporate TPS Logo in their publicity and printed company information.

What format?

The Corporate TPS Data File is available as either a website download file, on CD-Rom or as a paper hard copy.

I only make a small number of calls every month. What other services are available?

TPSL offers three services which are aimed at helping small companies comply with the Regulations, these are an internet interrogation service via our website, a call barring service (TPS Callguard) and a premium rate checking service (TPS Telepath).

What other options are available?

A number of Licensees offer a variety of options such as list cleaning services, call barring services and provision of already screened data.

Can I change my licence category if I need to?

If you have an Associate Licence, you can upgrade your Licence to a Data Supply Licence at any time if you subsequently decide you need to receive the data file. Simply contact the Corporate TPS office to discuss your requirements. Additional fees will be payable.

The information provided above on the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2004 and related legislation does not purport to be comprehensive and is not intended to constitute legal advice. If you require specific legal advice on the regulations you should consult your solicitor or other legal advisor.