Those popularly known as “spam” from companies that sell goods and services will be prohibited from June 29 when the user has not previously given their express consent. The General Telecommunications Law, which was published in the Official State Gazette (BOE) a year ago, establishes sanctions for companies that fail to comply with the rule.
These companies may be penalized under the General Telecommunications Law, which in its article 66 prohibits this type of calls. Although the new regulation was published in the Official State Gazette (BOE) on June 29, 2022, a period of one year was established for the entry into force of the right of users not to receive unwanted calls for commercial purposes. .
This law will be applied to the benefit of those users who have a fixed or mobile number assigned in Spain. Thus, in the event that a company makes a ‘spam’ call without the consent of the recipient, the Spanish Agency for Data Protection (AEPD) may initiate a disciplinary action regardless of where the company is located. Therefore, the same rule will also apply to calls made from call centers located outside the country.
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 to fulfill a mission carried out in the public interest.
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. The law regulates the sector of electronic communications networks and services and incorporates the relevant European directives into the Spanish legal system.
For more than two decades, users who do not want to receive these annoying calls have had the possibility to register for free in the Robinson list service so that their telephone number, email or postal address is excluded from communications for commercial purposes. commercial.
