Sunday, October 1

The law prohibits you from making ‘spam’ calls to your mobile: From what day?

He telemarketing that is made through mobile calls is usually very annoying. Who more, who less has negative experiences of commercials who call them at odd hours or even on holidays insistently.

One of the options available to avoid these calls is to sign up for the robinson lista file of the Spanish Association of Digital Economy which, in theory, should be consulted by those who are going to carry out an advertising campaign to exclude registered people from it.

The problem is that despite the fact that you have registered on that list, merchants can send you advertising for their products or services if you are a customer or if you have given your consent.

In addition, there are suspicions that companies not only ignore that listbut they use it to get a database of people whom they bombard you with spam calls and emails.

New law

To regulate this problem, the new General Telecommunications Law 11/2022, of June 28which almost entirely repeals General Telecommunications Law 9/2014 of May 9 (with the exception of its sixteenth additional provision and the seventh, ninth and twelfth transitory provisions).

Approved last year, the Telecommunications Law will be applicable as of June 30, and regulates the right of users to the protection of personal data and privacy in relation to unsolicited communications, as well as unwanted calls or ‘spam’.

As of June 30, then, companies must have the express consent of users to receive telemarketing calls, as established in the sixth final provision of the aforementioned law, which contemplates “the right of end users not to receive unwanted calls for commercial communication purposes contemplated in the article 66.1.b) It will enter into force within one year from the publication of this law in the ‘Official State Gazette'”, which entered into force on June 29, 2022.

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companies abroad

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We must bear in mind that, many times, we give this consent without even realizing it, when we accept without hardly reading the ‘Terms and conditions’ of companies.

However, it must be borne in mind that the companies or telephone operators domiciled abroad, that is to say, places where the Spanish regulation is not applicable, may continue to make ‘spam’ or unwanted calls. Moreover, when the aforementioned law enters into force, it is likely that the number of companies or businesses of these characteristics located in foreign countries will increase in order to effectively circumvent the scope and sanctions established by the aforementioned regulation.

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