Ofcom: Nuisance Calls (Technical Measures)

1. Introduction

1.1 This Memorandum of Understanding (MoU) is between Ofcom and the participating communication providers (CPs).

1.2 The nine current participating CPs are British Telecommunications Plc, Sky UK Limited, Gamma Telecom Limited, Virgin Media Limited, Vodafone Limited, TalkTalk Group Limited, Hutchison 3G UK Limited, KCom Group Plc and Telefonica UK Limited (O2).

1.3 This MoU establishes a framework for voluntary co-operation on technical measures between the organisations mentioned above, plus any new CPs who agree to join this initiative, and sets out how they will work together to achieve the common goal of reducing the impact of unlawful nuisance calls on consumers.

1.4 It secures the development of a zone of trust which is aimed to be a space for the CPs to operate in and within which, the origin of calls would be authenticated, where possible and technically feasible, consumers would be better able to manage their incoming calls, and with the aim of making it easier to take action against callers who unlawfully use electronic communications.

1.5 It is published on the website of the above mentioned organisations and will be reviewed at least every two years and more frequently if required by developments in the statutory and policy environment. You can find the Ofcom document here.

1.6 Neither the MoU nor the supporting documents are intended to be legally binding and nothing in the MoU nor the supporting documents is intended to cover the exchange of commercially sensitive information.

2. Agreements

2.1 There is collective agreement amongst all CPs in this MoU to carry out a monthly network monitoring and call volume measurement exercise and for each CP to provide individual reports to Ofcom. The scope of all data captured as part of this exercise will be pre-agreed between the CP and Ofcom, provided to Ofcom by each CP under a formal information notice and will only be used to assist Ofcom and the participating CPs to take steps towards addressing the problem of unlawful nuisance calls.

2.2 There is collective agreement amongst all CPs in this MoU to voluntarily implement technical measures, aimed at reducing certain types of nuisance calls, underpinned by processes agreed by all participating CPs.

2.3 All CPs participating in this MoU agree to ensure that the technical measures they implement are in-line with Ofcom’s existing CLI guidelines, future amended CLI guidelines as and when introduced, and other policy publications.

2.4 It is understood and agreed amongst all CPs in this MoU that their participation in the implementation of technical and operational measures is voluntary, and that any CP is able to exit from their commitment by informing Ofcom of their exit.

2.5 For the avoidance of doubt, under the terms of this MoU we do not anticipate that the arrangements will involve the processing of personal data. The parties agree to discuss putting in place specific arrangements should this situation change in the future.

Last updated: 24 March 2021