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 [F2Commission] 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 [F2Commission] may accredit a body only where the [F2Commission] 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,
- (i)
- (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 [F2Commission] must prepare and publish guidance about how the [F2Commission] 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 [F3Commission], giving reasons for taking that action.
(6) The [F3Commission] must revoke the accreditation of a body under this regulation if the [F3Commission] 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).
Amended text
This Regulation is shown as amended by Data (Use and Access) Act 2025; S.I. 2026/386 (see the annotations below), as incorporated in the text in force on 5 November 2026 as published on legislation.gov.uk.
Annotations
Textual Amendments
- 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)
- F2 Word in reg. 32B(1)-(3) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 3 para. 6(3)(4)(i); S.I. 2026/1015, reg. 2(c)
- F3 Word in reg. 32B(5)(6) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 3 para. 6(3)(4)(i); S.I. 2026/1015, reg. 2(c)
https://pecr.digiphile.law/article/article-32B.html
Text as at 5 November 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 November 2026.