Spanish Data Protection Agency (AEPD) Clarifies Users’ Right to Avoid Unsolicited Commercial Calls
The Official State Gazette (Boletín Oficial del Estado) has published a circular today by the Spanish Data Protection Agency (AEPD) that clarifies users’ right to opt out of receiving such types of commercial calls. Here are the criteria it incorporates.
Starting tomorrow, only users who have given prior consent should receive them. The Official State Gazette has published a circular today by the Spanish Data Protection Agency (AEPD) that clarifies users’ right to avoid such types of commercial calls and the criteria by which this organisation will act in accordance with the General Telecommunications Law, which has introduced substantial changes to enable these types of calls.
Specifically, the article that addresses users’ right to reject commercial calls when not requested will be applicable as of tomorrow, according to the Spanish Data Protection Agency. It further clarified that such calls can only be made if the user has given explicit consent to receive such communications.
Addressing the uncertainties surrounding the interpretation of this article, the AEPD’s circular “provides clarity, offering legal security to both those making the commercial calls and the users receiving them,” stated the organisation responsible for the adequate protection of personal data in Spain. The circular builds upon the report published by the Agency in May and has undergone a process of public consultation and input from interested parties, as well as receiving the favorable opinion of the Council of State. Prior to these changes taking effect, users could receive these commercial calls unless they explicitly objected. However, starting tomorrow, they will only receive such calls if they have given prior consent or if the calling company can justify that their legitimate interest in making the call outweighs the users’ right to refuse, provided that the users have not exercised their right to object.
The AEPD emphasised that the interpretation of “legitimate interest” should be strict, preventing callers from making broad interpretations that would contradict the intended purpose of the regulation. Additionally, for a company to justify its legitimate interest, the user must have had a previous relationship with the company, having acquired their products or services, and the products offered by the company must be similar to those previously contracted.