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HomeLatest NewsUnsolicited commercial calls will be prohibited from June 29

Unsolicited commercial calls will be prohibited from June 29

Date: June 19, 2024 Time: 13:13:30

As of June 29, companies that sell goods and services will be prohibited from making unwanted commercial calls, popularly known as “spam” calls, to users who have not previously given their express consent. These companies may be sanctioned under the General Telecommunications Law, which were published in the Official State Gazette (BOE) on June 29, 2022, and which included an article that began this prohibition.

The regulations established a period of one year for the entry into force of the right of end users not to receive unwanted calls with commercial communication fines, which is contemplated in article 66 of this law. This rule applies if the user who is called has a fixed or mobile number to request in Spain, according to sources from the Secretary of State for Telecommunications have specified to EFE.

Thus, if the company does a ‘spam’ without consent, the Spanish Agency for Data Protection (AEPD) may initiate a disciplinary file against the company regardless of where it is located. In the event that a company markets goods and services in Spain and makes a call from a ‘call center’ (call center) that is located outside the country, the AEPD may also contact said company.

Specifically, the law establishes that users will have the right “not to receive unwanted calls with commercial communication fines, unless there is prior consent from the user to receive this type of commercial communication or unless the communication can be supported on another basis of legitimation of those provided for in article 6.1 of Regulation (EU) 2016/679 on the processing of personal data”.

This exception, for example, would apply in cases where the call was necessary to protect vital interests, or for the fulfillment of a mission carried out in the public interest, among others.

Telefónica, the only one that pronounces itself a favor

One of the sectors that make this type of calls is telecommunications, although it is not the only one. Telefónica, the main operator in the country, sees “with good eyes” that there are regulations to limit this type of calls and has ensured that they have always been “enormously respectful” in this regard. In fact, sources have claimed that calls to non-customers are highly residual.

The Spanish multinational has recalled that it has always promoted compliance with the code of ethics in terms of schedules, practices and of course in the protection of customer data, with the levels of consent that this implies.

In the case of O2 (a Telefónica brand), they do not even make calls to their own clients, in addition to not making them to non-customers, they have pointed out. The other three operators, second, third and fourth, Orange, Vodafone and MásMóvil, respectively, have not ruled on this matter after being asked by EFE.

For his part, the general director of the DigitalES technology employers’ association, Víctor Calvo-Soltelo, believes that this is one of the different environments in which the new regulations have advanced, although he considers that the sector is one of those that offers “greatest guarantees towards the consumer”. He added that these guarantees are produced thanks to “sectoral regulations and the quality standards that are imposed on the operators themselves.” In DigitalES, there are the main telecommunications companies in the country.

Included during parliamentary processing

The right not to receive unwanted commercial calls is presented in the law during its parliamentary process, after the approval in Congress of an amendment agreed between the PSOE, Unidas Podemos and ERC.

Initially, the bill submitted by the Government to the Courts recognized the right to oppose this type of calls and to be informed about it, something that was already possible through the Robinson list, in which users They can sign up to avoid this type of communication from companies to which they have not given their consent.

This law regulates the sector of electronic communications networks and services and incorporates the relevant European directives into the Spanish legal system. Among other tasks, this law reinforces and protects the rights of users.

* This website provides news content gathered from various internet sources. It is crucial to understand that we are not responsible for the accuracy, completeness, or reliability of the information presented Read More

Puck Henry
Puck Henry
Puck Henry is an editor for ePrimefeed covering all types of news.
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