Tired of getting calls from sales representatives of different companies at inconvenient hours? This has come to an end with the new General Telecommunications Law, which came into force last June. In theory, the end of spam calls should have arrived, but there are still some legal loopholes that companies can use to continue making those annoying calls. If you are interested in privacy and data protection, don’t miss this post where we explain the key points of this new regulation.
The new General Telecommunications Law aims to explicitly protect the right of consumers not to receive calls or messages for commercial purposes without having given prior consent, with companies that violate this principle potentially facing penalties. The main difference compared to the 2014 law is that previously consumers had the right to object to such communications, whereas now there is an explicit prohibition against making them.
Until now, many companies relied on the National Numbering Plan, which allowed them to dial numbers randomly without being linked to a specific name, meaning no personal data processing was considered to take place. Under the new law, this changes, as every call must now have a justification.
On the other hand, the main point of the new law lies in Article 66, which states that consumers have the right not to receive automated calls without human intervention or fax messages, and not to receive unwanted calls for commercial purposes.
Among the key points mentioned in Article 66, there are certain exceptions detailed below:
It is not permitted to make calls for commercial purposes without prior consent, unless the communication is based on another legal ground as provided in Article 6.1 of Regulation (EU) 2016/679 on personal data processing. In cases where there is human intervention, calls may be made either with prior consent or based on the legal exceptions provided in the GDPR. For example, your phone company may call you to offer new products or deals.
Therefore, the main reasons why we sometimes receive calls that we consider spam are:
The problem arises when consumers do one of these two things without realizing it. That’s why we must be very alert to the “traps” that companies set, such as subscribing to newsletters to receive something in return, clicking acceptance boxes without reading them first, filling out forms without checking the conditions to obtain promotions or offers, and participating in many other marketing activities that involve exchanging data and privacy for rewards.
The most significant penalties for companies that violate the new Telecommunications Law may vary depending on jurisdiction and the severity of the violation. For example, subcontractors of the company Orange were fined €30,000 for disturbing their clients. Let’s look at other cases!
Fines: companies that violate the Telecommunications Law may face significant fines, the amount of which depends on the severity of the violation. These fines can be a fixed sum or a percentage of the company’s revenue.
License suspension: in some cases, regulatory authorities may suspend or revoke the operating licenses of a company that violates the law. This can have a devastating impact on its operations.
Obligation to repair damages: companies found guilty may be required to repair any harm caused to consumers, other companies, or telecommunications infrastructure.
Ban from future tenders: entities that have been sanctioned may be excluded from participating in future telecommunications service tenders.
Criminal liability: in serious cases, individuals responsible for decisions leading to the violation may face criminal charges, which could result in significant fines or even imprisonment.
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