Compliance

PECR Compliance for AI Cold Calling: The Complete Guide

AI cold calling is legal in the UK—but only if you follow the rules. Here's exactly what you need to know to avoid £500,000 fines.

January 2026 15 min read

What Is PECR and Why Should You Care?

PECR (Privacy and Electronic Communications Regulations 2003) governs electronic marketing in the UK—including phone calls, emails, and texts. If you're making sales calls, AI or otherwise, PECR applies to you.

The ICO (Information Commissioner's Office) enforces PECR with fines up to £500,000. In 2024 alone, they issued over £2 million in fines for cold calling violations.

Getting this wrong isn't just expensive—it can destroy your business reputation overnight.

The Three Types of Marketing Calls Under PECR

1. Live Calls (Human or AI-Assisted)

A call where a real conversation happens, even if AI is involved in parts of it.

2. Automated Calls (Pre-Recorded Messages)

Calls that play a recording with no live interaction.

3. AI Voice Agents (The Grey Area)

AI that holds real conversations—not pre-recorded, but not human either.

TPS and CTPS: The Do-Not-Call Registers

TPS (Telephone Preference Service)

The TPS is a register of individuals who don't want unsolicited sales calls.

CTPS (Corporate TPS)

The business equivalent—companies that don't want unsolicited B2B calls.

How to Screen

  1. Subscribe to TPS/CTPS checking service (from £150/year)
  2. Upload your call list
  3. Receive cleaned list with TPS/CTPS numbers removed
  4. Screen monthly—numbers are added constantly

The Consent Question: When Do You Need It?

When You DON'T Need Consent

When You DO Need Consent

What Counts as Valid Consent?

PECR Compliance Checklist for AI Cold Calling

Before You Call

  • ☐ Screen all numbers against TPS (consumer)
  • ☐ Screen all numbers against CTPS (business)
  • ☐ Verify your data source is GDPR compliant
  • ☐ Document your lawful basis for calling
  • ☐ Check numbers haven't previously opted out
  • ☐ Validate number format and remove invalid numbers

During the Call

  • ☐ Identify your company name clearly
  • ☐ State the purpose of the call
  • ☐ Provide contact details if requested
  • ☐ Offer opt-out option
  • ☐ Respect "not interested" immediately
  • ☐ Have human handoff capability
  • ☐ Don't call before 8am or after 9pm

After the Call

  • ☐ Record call outcome
  • ☐ Log any opt-out requests immediately
  • ☐ Add opt-outs to suppression list
  • ☐ Update CRM with call data
  • ☐ Store call recordings securely (if applicable)

Ongoing

  • ☐ Re-screen lists against TPS/CTPS monthly
  • ☐ Maintain suppression list in perpetuity
  • ☐ Keep audit trail for 6+ years
  • ☐ Train team on compliance requirements
  • ☐ Review ICO guidance updates

Common PECR Violations (And How to Avoid Them)

1. Calling TPS Numbers

Fine: Up to £500,000

Solution: Screen every list against TPS before calling. Re-screen monthly. Use automated TPS checking in your dialler.

2. Not Identifying Yourself

Fine: Up to £500,000

Solution: Your AI must state company name within first 10 seconds. "Hi, this is [Name] calling from [Company]..."

3. Ignoring Opt-Out Requests

Fine: Up to £500,000

Solution: Implement instant suppression. When someone says "don't call again," they're added to your do-not-call list immediately and permanently.

4. Calling Outside Reasonable Hours

Fine: Reputational damage + potential complaint

Solution: Restrict calling to 8am-9pm. Consider industry norms—some B2B sectors expect 9am-6pm only.

5. Using Purchased Lists Without Due Diligence

Fine: Up to £500,000

Solution: Verify your data supplier's compliance. Ask: Where did they get consent? How recent is the data? Is it TPS screened?

AI-Specific Compliance Considerations

Does AI Need to Disclose It's AI?

Current UK law doesn't require disclosure that the caller is AI. However:

Human Handoff Requirements

While not explicitly required by PECR, human handoff capability:

Recording and Data Storage

What Happens If You Get Caught?

ICO Enforcement Process

  1. Complaint: Someone reports your call to the ICO
  2. Investigation: ICO requests your call records and compliance documentation
  3. Assessment: ICO determines if PECR was breached
  4. Enforcement: Warning, enforcement notice, or monetary penalty

Penalties

Recent Examples

How AI Sales Voice Keeps You Compliant

We built compliance into the core of our platform:

Automatic TPS/CTPS Screening

Every number is checked against TPS and CTPS before the AI dials. Non-compliant numbers are automatically blocked.

Instant Opt-Out Memory

When someone says "don't call me again," they're added to your suppression list immediately. Across all campaigns. Forever.

Bulletproof Audit Trail

Every call is logged with timestamp, outcome, and recording (if enabled). If the ICO comes knocking, you have everything you need.

Compliant Scripts

Our script builder ensures your AI identifies your company, states the purpose, and offers opt-out—automatically.

Time Restrictions

Built-in calling windows prevent calls outside 8am-9pm. Set custom hours for your industry.

Human Handoff

Transfer to a live agent at any point—supporting the "live call" interpretation of PECR.

PECR vs GDPR: What's the Difference?

Aspect PECR GDPR
Governs Electronic communications (calls, emails, texts) Personal data processing
Applies to Marketing communications All personal data handling
Consent basis Specific rules per channel One of six lawful bases
Max fine £500,000 £17.5M or 4% of turnover
Enforcer ICO ICO

Key point: You need to comply with BOTH. PECR governs whether you can call; GDPR governs how you handle the data from those calls.

Stay Compliant While Scaling Outreach

AI Sales Voice has TPS/CTPS screening, audit trails, and opt-out management built in. Make thousands of calls without compliance risk.

Start Your Compliant AI Campaign →