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You can receive messages and advertising 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 of opposition.
With regard to unwanted telephone calls, the amendment of the General Telecommunications Law has been a substantial change compared to the previous regime. Random commercial calls can only be made if the user has given prior consent.
As for legitimate interest, as of 29 June 2023, this concept as a legal basis will be interpreted restrictively and must be assessed by the company making the calls. Thus, legitimate interest is only possible if the user has had a previous relationship with this company, because he/she has acquired its products or services.
In addition, the products offered must be similar to those contracted previously.
It is not permissible to receive calls from other companies, even if they belong to the same business group.
If the business relationship is no longer valid and the user has not made any request or interacted with the company in the last year, the company cannot call him/her.
Depending on the legal basis on which the sending of advertising is based, you can use one or another of the following ways to stop receiving adverts when you do not want them:
- Register with an advertising opt-out system (Robinson List).
When you have not given your consent, signing up for an advertising exclusion list can be a good way of not receive advertising. Currently, the only advertising exclusion system is the Robinson List, managed by the Spanish Digital Economy Association (ADIGITAL).
Registration is free and companies that want to run an advertising campaign are obliged to consult it and to exclude the people who are registered with the campaign.
However, registration in these lists will not prevent you from receiving advertising from a company of which you are a customer, when they are products related to those already contracted, or if you have given your consent to this type of procedures.
By signing up, 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, phone calls, email or other means).
You must bear in mind that registration on the Robinson List is effective from the third month from the date on which the exclusion is notified. Therefore, it is possible that during this period you will continue to receive some commercial communication.
It is important that the data you provide when signing up to the list is accurate, given that the exclusion only takes effect with respect to addresses or telephone numbers that match in all their characters the ones you have provided.
You can sign up for the Robinson List at this link.
- Revoke your consent
The sending of advertising information may be based on your consent. This consent must be expressed if it concerns automatic phone calls without human intervention, or commercial communications by email, SMS, or other electronic means of communication, unless it is drawn from an entity of which you are a customer and the advertising communications refer to products or services similar to those you have contracted.
If you have given your consent to the use of your data for advertising purposes and you do not wish to continue receiving advertising, you can revoke your consent at any time simply and free of charge, by such means as calling a toll-free number or the customer services established by the data controller entity. When communications have been sent by email, the transmission must include a valid email address where consent can be revoked.
- Exercise your right of object
If you do not want a certain company to process your data for advertising purposes, you can exercise your right of opposition to it at any time, simply and free of change, in such way that it excludes you from its advertising campaigns.
When exercising your right of 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 your opposition refers and the data you do not want to be processed.
When it comes to communications sent by email, the exercise of the right of opposition must be possible through a valid email address, which must necessarily be included in these electronic communications for advertising purposes.
Regarding the right to object to receiving telephone calls, any unequivocal statement by you against receiving the call must be understood as a revocation of consent or, where applicable, as an exercise of the right to object, which must be attended to immediately.
- Exercise your right not to appear in the telephone directories
You can, free of charge, exercise your right not to appear in telephone directories or, if you prefer, to continue being part of them, but without your data being used for advertising purposes. You can also request that the address or some other data listed there be partially omitted.
To exercise this right, you can contact the carrier with whom you have procured your telephone service and inform them that you do not want your personal data to be published in subscriber directories, or that they are not to be used for advertising purposes.
Your data must be removed or excluded for advertising purposes from the online version of the telephone directories and also from the next edition of those published on paper or some other physical medium.