Schedule 12 U.K. Storing information in the terminal equipment of a subscriber or user
I537 Sch. 12 not in force at Royal Assent, see s. 142(1)
I538 Sch. 12 in force at 5.2.2026 by S.I. 2026/82 , reg. 2(z13)
In the PEC Regulations, before Schedule 1 insert—
Regulation 6
“ Schedule A1 U.K. Storing information in the terminal equipment of a subscriber or user
Interpretation
1. (1) In this Schedule, “ website ” includes a mobile application and any other platform by means of which an information society service is provided.
(2) For further provision about the interpretation of this Schedule, see regulation 6(2).
Consent
2. (1) Regulation 6(1) does not prevent a person storing information, or gaining access to information stored, in the terminal equipment of a subscriber or user if the subscriber or user—
(a) is provided with clear and comprehensive information about the purpose of the storage or access, and
(b) gives consent to the storage or access.
(2) Where an electronic communications network is used by the same person to store or access information in the terminal equipment of a subscriber or user for the same purpose on more than one occasion, it is sufficient that the requirements of sub-paragraph (1) are met in respect of the initial use.
(3) For the purposes of sub-paragraph (1) (b) , the means by which the subscriber or user may signify consent include—
(a) amending or setting controls on the internet browser which the subscriber or user uses;
(b) using another application or programme.
Transmission of a communication over an electronic communications network
3. Regulation 6(1) does not apply to—
(a) technical storage of information in the terminal equipment of a subscriber or user, or
(b) technical access to information stored in such equipment,
for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
Storage or access strictly necessary to provide an information society service
4. (1) Regulation 6(1) does not apply to—
where the storage or access is strictly necessary for the provision of an information society service requested by the subscriber or user.
(2) For the purposes of this paragraph, the technical storage of, or technical access to, information is strictly necessary for the provision of an information society service requested by the subscriber or user if, for example, the storage or access is strictly necessary—