The days of annoying spam calls are numbered. The Spanish Data Protection Agency (AEPD) has begun the hearing process to obtain the opinion of the interested parties on the draft Circular on the application of article 66.1.b) of the General Telecommunications Law 11/2022, which proposes to change the legal regime that was applied until now.
This Law regulates the right of users to the protection of personal data and privacy in relation to unsolicited communications, including not receiving unwanted calls.
Specifically, in the Circular prepared by the agency, which consists of an explanatory part, five articles and a final provision, it is proposed that the user be free “to receive unwanted calls for commercial communication purposes, unless there is prior consent of the own”.
This is stated in article 66.1.b) of Law 11/2022, which includes the right of users not to receive unwanted calls for commercial communication purposes, unless there is prior consent from the user to receive this type of communication or that These can rely on another basis of legitimacy than those provided for in the General Data Protection Regulation (RGPD).
However, the proposal leaves the door open for companies or telephone operators to continue making these calls with other legal bases. It should be remembered that the rule only applies in Spain and that many companies have telemarketing services in Morocco or other countries.
Spam calls will also continue in the event that “there is prior consent of one’s own”. If the user gives his consent, the telemarketers will be able to continue dialing the telephone number and offer the customer the product that he promotes.
Despite these exceptions, the Circular project aims to contribute to legal certainty, both for those who make the communications and for the users.
As established by the regulator, proposals and contributions to the project may be submitted until May 22. Later, the new text, which will change the applicable legal regime that existed previously, will enter into force on June 29 of this year.
