Since 29 June 2023, unsolicited commercial calls are subject to a much stricter regime in Spain. As a general rule, end users have the right not to receive unwanted calls for commercial communication purposes, unless prior consent exists or the call can rely on a valid and restrictively interpreted exception.
In this article we will discuss...
When a commercial call may be made
A company must be able to prove a valid legal basis. In practice, prior user consent is the safest route. There may also be cases based on a prior relationship or legitimate interest, but they must be assessed cautiously, respecting objection, reasonable expectations and sector-specific rules.
Robinson List and objection
Before telephone campaigns, companies should check advertising exclusion systems such as the Robinson List where applicable. If a person objects to receiving calls, that objection must be respected and recorded to avoid further contact.
Good practices for companies
- Document the legal basis for each campaign.
- Filter lists against advertising exclusion systems.
- Clearly identify the company at the start of the call.
- Inform about the commercial purpose and the right to object.
- Record opt-outs and objections immediately.
- Review contracts with call centres or campaign providers.
- Avoid calling numbers obtained from doubtful sources or purchased without guarantees.
Risks and sanctions
Unauthorised calls may lead to complaints before the AEPD, financial penalties, reputational damage and contractual problems with providers. The risk increases with mass campaigns, ignored objections or inability to prove the legal basis.
Recommended official sources
- BOE: AEPD Circular 1/2023 on commercial calls.
- AEPD: unwanted advertising.
- BOE: General Telecommunications Law 11/2022.
Conclusion
Commercial calls can no longer be treated as an uncontrolled mass action. Each campaign must justify its legal basis, respect objections and advertising exclusion systems, and keep enough traceability to respond to complaints.