You can receive marketing messages and communications if you have previously given your consent, or when the calling company can justify a legitimate interest and you have not expressed your right to object.
With regard to unwanted telephone calls, the recent amendment of the General Telecommunications Act has meant a substantial change from the previous regime:
- Random commercial calls can only be made if the user has given prior consent.
- As for legitimate interest, as of June 29, 2023, this concept as a legal basis will be interpreted restrictively and must be evaluated by the company making the calls. Like this:
- The legitimate interest is only possible if the user has had a previous relationship with this company, because he has acquired its products or services.
- In addition, the products offered must be similar to those previously contracted.
- It is not acceptable to receive calls from other companies, even if they belong to the same business group.
- If the business relationship is no longer in effect and the user has not made any requests or has not interacted with the company during the last year, the company cannot call him.
As for unwanted advertising, depending on the legal basis on which the sending is based, you can use one or another of the following ways to stop receiving advertising:
- Sign up for a mail preference service (Robinson List)
If you do not want to receive advertising when you have not given your consent, signing up for an advertising exclusion list can be a good solution. Currently, the only advertising exclusion system is the so-called Robinson List, managed by the Spanish Association of Digital Economy (ADIGITAL).
Registration is free and companies that want to make an advertising campaign are obliged to consult these lists and exclude from the campaign people who are registered.
However, registration on these lists will not prevent you from receiving advertising from a company of which you are a client and affects products related to those you have contracted, or if you have given your consent to this type of shipments.
By registering, you can decide to stop receiving advertising by any means, or choose the communication channel through which you do not want to receive it (postal mail, telephone calls, email or other means).
You should be aware that registration on the Robinson List is effective from the third month from the date the exclusion is notified. Therefore, it is possible that during this period you continue to receive some commercial communication.
It is important that the data you provide at the time of registration on the list is accurate, since the exclusion only takes effect with respect to addresses or telephone numbers that coincide in all their characters with those provided by the person concerned.
You can sign up for the Robinson List through this link.
The sending of advertising information may be based on the consent of the person concerned.
This consent must be express, in the case of automatic telephone calls without human intervention or commercial communications by email, SMS, MMS or other means of electronic communication, unless it is traced from an entity of which you are a client and the advertising communications refer to products or services similar to those you have contracted.
If you are going to give your consent to use your data for advertising purposes and do not want to continue receiving advertising, you can revoke your consent at any time through a simple and free means, such as calling a free telephone number or the customer services established by the data controller. Where communications have been sent by email, the submission must include a valid email address where consent can be revoked.
- Exercise your right of opposition
If you do not want a certain company to process your data for advertising purposes, at any time you can exercise your right of opposition to this person in charge, through a simple and free means, to exclude you from their advertising campaigns.
When exercising your right to opposition, clearly indicate in the request that you do not want your data to be processed for advertising purposes; Indicate the channel or channels to which the opposition refers and the data that you do not want to be processed.
In the case of communications sent by e-mail, it must be possible to exercise the right to object through a valid electronic address, which must necessarily be included in these electronic communications for advertising purposes.
Regarding the right of opposition to receive telephone calls, any unequivocal statement by the user contrary to the receipt of the call must be understood as revocation of consent or, where appropriate, as an exercise of the right of opposition, which must be addressed immediately.
- Exercise your right not to be included in telephone directories
Free of charge, you can exercise your right not to appear in the telephone directories or, if you prefer, to continue being part of it but without your data being used for advertising purposes. You can also ask that the address or some other information that appears be partially omitted.
To exercise this right, you can contact the operator with which you have contracted the telephone service and inform them that you do not want your personal data to be published in the subscriber directories, or not to be used for advertising purposes.
Your data must be removed or excluded from advertising purposes from the online version of the telephone directories and, also, from the next edition of those published on paper or on some other physical medium.