PECRUK · S.I. 2003/2426
Digiphile
PECR – The Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 2003/2426) – Regulation 32B – Accreditation of bodies monitoring compliance with codes of conduct

Regulations

Regulation 32B[F1Accreditation of bodies monitoring compliance with codes of conduct

(1) The Commissioner may, in accordance with this regulation, accredit a body for the purpose of monitoring whether persons other than public bodies comply with a code of conduct described in regulation 32A(1).
(2) The Commissioner may accredit a body only where the Commissioner is satisfied that the body has—
  • (a)
    demonstrated its independence,
  • (b)
    demonstrated that it has an appropriate level of expertise in relation to the subject matter of the code,
  • (c)
    established procedures which allow it—
    • (i)
      to assess a person’s eligibility to apply the code,
    • (ii)
      to monitor compliance with the code, and
    • (iii)
      to review the operation of the code periodically,
  • (d)
    established procedures and structures to handle complaints about infringements of the code or about the manner in which the code has been, or is being, implemented by a person,
  • (e)
    made arrangements to publish information about the procedures and structures described in sub-paragraph (d), and
  • (f)
    demonstrated that it does not have a conflict of interest.
(3) The Commissioner must prepare and publish guidance about how the Commissioner proposes to take decisions about accreditation under this regulation.
(4) A body accredited under this regulation in relation to a code must take appropriate action where a person infringes the code.
(5) If the action taken by a body under paragraph (4) consists of suspending or excluding a person from the code, the body must inform the Commissioner, giving reasons for taking that action.
(6) The Commissioner must revoke the accreditation of a body under this regulation if the Commissioner considers that the body—
  • (a)
    no longer meets the requirements for accreditation, or
  • (b)
    has failed, or is failing, to comply with paragraph (4) or (5).
(7) In this regulation, “public body” has the same meaning as in regulation 32A.]

Amended text

This Regulation is shown as amended by the Data (Use and Access) Act 2025 (c. 18), among other instruments (see the annotations below) (commenced provisions as at 19 September 2026, ELI), as incorporated in the text in force on 19 September 2026 as published on legislation.gov.uk.

Amendment in force, not yet in the text

The following amendment(s) to this Regulation are now in force, but legislation.gov.uk had not incorporated them in the text in force on 19 September 2026 that this page reproduces, so the text above does not yet show them:

  • reg. 32B(1)-(3): words substituted by S.I. 2026/386, Sch. 3, para. 6(3), para. 6(4)(i); commencement: reg. 1(2)
  • reg. 32B(5)(6): words substituted by S.I. 2026/386, Sch. 3, para. 6(3), para. 6(4)(i); commencement: reg. 1(2)

Note: S.I. 2026/386 came into force on 30 September 2026 (reg. 1(2)), when section 119 of the Data (Use and Access) Act 2025 was fully brought into force by S.I. 2026/1015, reg. 2.

Annotations

Textual Amendments

  1. F1 Regs. 32A-32C inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 116(2), 142(1); S.I. 2026/82, reg. 2(z)

https://pecr.digiphile.law/article/article-32B.html

Text as at 19 September 2026.

This is an unofficial convenience version of the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR). It is presented “as is” without guarantee of accuracy, completeness or reliability. See the source text for the official version. This site was last updated in September 2026.

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