Fed up with salespeople from various companies calling you at all hours? That’s all over now with the new General Telecommunications Act which came into force last June. In theory, this should have put an end to spam, but there are still some legal loopholes that companies can exploit to continue making these pesky calls. If you’re interested in privacy and data protection, don’t miss this post, in which we’ll explain the key points of this new regulation.
Why have these new regulations been introduced, and what changes does Article 66 of the General Telecommunications Act propose?
The new General Telecommunications Act aims to explicitly protect consumers’ right not to receive calls or messages sent for commercial purposes without prior consent, and companies that breach this principle may face penalties. The main difference compared with the 2014 Act is that, whereas previously the right to object to such communications was recognised, the new legislation now expressly prohibits them.
Until now, many companies have relied on the National Numbering Plan, which allowed them to dial numbers at random without linking them to a specific name, meaning that no personal data was processed. Under the new law, this has changed, as every call must now be justified.
Furthermore, the key provision of the new law is set out in Article 66, which states that: consumers have the right not to receive automated calls made without human intervention or fax messages, and not to receive unsolicited calls for commercial purposes
Exceptions and legal loopholes: Why do people still receive spam calls in some cases?
Among the key points of Article 66, as discussed above, there are a number of exceptions, which are set out below:
It is not permitted to calls without prior consent for commercial purposes, unless the communication may rely on another legal basis for processing as set out in Article 6(1) of Regulation (EU) 2016/679 on the processing of personal data. In the case of communications where human intervention does take place, they may do so either with prior consent or by relying on the legal exceptions set out in the GDPR. For example, your telephone company will be able to call you to offer you new deals or products.
So, the main reasons why we sometimes receive calls that we consider to be telephone spam are:
- That the consumer has expressed a legitimate interest.
- That a contract has been signed with the company
The problem arises when we, as consumers, do one of these two things without realising it; that is why we must be be very wary of ‘traps’ that companies impose on us, such as, for example: sign up for the newsletter to receive something In return, ticking acceptance boxes without reading them first, filling in forms without checking the terms and conditions to get promotions or offers; and taking part in many other actions such as marketing which involve receiving a reward, as this is usually in exchange for your personal data and privacy.
Breaches and penalties for companies that contravene the new General Telecommunications Act
The most significant penalties for companies that breach the new telecommunications law may vary depending on the jurisdiction and the seriousness of the breach; for example, subcontractors working for Orange were even impose a fine of 30,000 euros for upsetting their customers. Let’s look at some other examples!:
Fines: Companies that breach the Telecommunications Act may face substantial fines, the amount of which varies depending on the seriousness of the breach. These fines may be a fixed sum or a percentage of the company’s turnover.
Suspension of licences: In some cases, regulatory authorities may suspend or revoke the operating licences of a company that breaches the law. This can have a devastating impact on its operations.
Obligation to make good the damage: Companies found to be in breach may be required to compensate for any damage caused to consumers, other companies or the telecommunications infrastructure.
Prohibition on participation in future tenders: Organisations that have been sanctioned may be barred from taking part in future tenders for telecommunications services.
Criminal liability: in serious cases of non-compliance, those responsible for the decisions that led to the breach of the law may face criminal charges, which could result in substantial fines or even imprisonment.
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