Cold calling becomes illegal from next week

As of June 29, a week today, companies that sell goods and services will be prohibited from making unwanted commercial calls – cold calling or “spam” for example – unless the recipient has previously given their express consent.

These companies may be penalised under the General Telecommunications Law, which was published in the Official State Gazette (BOE) on June 29, 2022, and which included an article that included 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 for commercial communication purposes, which is contemplated in article 66 of the law.

This law will apply if the user who is called has a fixed or mobile number assigned in Spain, as sources from the Secretary of State for Telecommunications have specified.

Thus, if the company calls without consent, the Spanish Agency for Data Protection (AEPD) may initiate a disciplinary action 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 centre’ 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 for commercial communication purposes, unless there is prior consent from the user to receive this type of commercial communication or unless the communication can be supported by another legitimate basis. 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 fulfilment of a mission carried out in the public interest, among others.

Ironically, one of the worst offenders of this type of call is the telecommunications sector, 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 call 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 commented on the matter.

For his part, the general director of the DigitalES technology employers’ association, Víctor Calvo-Soltelo, believes that this is one of the different areas 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 imposed by the operators themselves.” In DigitalES, the main telecommunications companies in the country are present.

The right not to receive unwanted commercial calls was introduced into 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 recognised 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 can register to avoid this type of communication from companies to which they have not given their consent.

It should be noted however that you should always read the terms and conditions when subscribing to any service, as this is where your express consent may be requested, and if you fail to read these terms, you could be unknowingly agreeing to many different forms of communication.

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