The legal imbroglio surrounding so-called commercials falls between the thin red line of consumer protection and the promotion of services and products. Companies that market goods and services would have to have the authorization of the people they call, in order to have access to their personal data, however, this is not the case.
In the digital age, we are bombarded by intrusive advertising, including commercial calls. Spanish and European legislation, such as the General Telecommunications Law and the General Data Protection Regulation, sets limits in this regard. But are these calls prohibited? Let’s untangle this legal tangle.
What does the law say?
According to Spanish law, not all commercial calls are prohibited. The General Telecommunications Law and the Law on Services of the Information Society and Electronic Commerce imply that these calls are permissible, as long as certain parameters are respected.
When is it allowed to make commercial calls?
The legal framework establishes that companies can make commercial calls to those consumers with whom they have a prior contractual relationship, and only to offer products or services similar to those contracted. In addition, these calls can only be made during business hours.
How can I avoid business calls?
There are several mechanisms to avoid receiving these types of calls. The most effective is signing up for the Robinson List, an ad exclusion system that prevents companies from making commercial calls without consent. Another option is to specifically ask the company not to make any more calls.
What to do if I keep receiving commercial calls?
If, despite having taken the aforementioned measures, you continue to receive commercial calls, you can file a claim with the Spanish Agency for Data Protection. This entity has the power to impose sanctions on companies that fail to comply with the regulations.
Therefore, although commercial calls are not prohibited in their entirety, there are limits and protections for consumers. It is essential to know our rights and how to exercise them to ensure that we do not fall victim to invasive business practices.
Finally, it is worth remembering that regulation in this area is still a topic of debate and, as technology and business practices continue to evolve, we are likely to see changes in laws and regulations in the future.
