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Still getting spam telephone calls? Police explain how to block unwanted numbers
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Still getting spam telephone calls? Police explain how to block unwanted numbers

Despite the entry into law banning commercial calls without consent in Spain, many people continue to receive them without knowing how to stop them

SUR

Malaga

Tuesday, 14 January 2025, 15:55

The unwanted telephone marketing call may come at nap time, during preparations for dinner or in the middle of the working day. In most cases, spam calls, those that come with unsolicited commercial offers, continue to be a major nuisance for many people. The bombardment of spam calls in Spain continues despite the entry into force of the General Telecommunications Law on 29 June 2023, which prohibits spam calls without prior consent.

The National Police force, in order to help people who are tired or frustrated with this situation, has recently shared a basic set of rules that can be used to learn first-hand about the rights of users. Through its account on X (formerly Twitter), it has published interesting information from the Spanish data protection agency (AEPD) to help users understand the regulations and exercise their right not to be bothered with commercial calls.

As the AEPD document explains, «Article 66.1 of the General Telecommunications Law 11/2022 reinforces users' guarantees in relation to their right not to receive unsolicited commercial calls. Until the entry into force of these changes, you could receive these calls if you had not objected to them. From 29 June 2023 you have the safeguards described below,» it said. These changes, however, «apply to commercial calls made by an individual and not to calls made using automatic dialling systems without human intervention (e.g. with a pre-recorded message)». Here is the AEPD's advice with the main key points. Take note:

  1. 1

    Prior consent

If you have previously given your consent, you will still be able to receive commercial calls.

  1. 2

    Previous relationship with the company

In order for the company to be able to justify its legitimate interest in making commercial calls to you, you must have had a previous relationship with it, having purchased its products or services and, furthermore, the products or services it wants to offer you must be similar to those you have previously purchased.

  1. 3

    Entities of the same corporate group

This possibility only refers to calls from the company with which you have had such a relationship and not to other entities, even if they belong to the same corporate group.

  1. 4

    Current contractual relationship

If the contractual relationship is no longer in force and you have not made any other application or interaction with the company during the last year, they will not be able to call you.

  1. 5

    User rights and company interests

Note: commercial calls can only be made to randomly generated numbers with the user's prior consent. Calls cannot be made to these random numbers based on the legitimate interest of the company, as this does not override the users' right not to receive commercial calls.

  1. 6

    Telephone in subscriber directory

If your telephone number is listed in a directory, it can only be used for commercial calls if you have given your prior express consent, which must be generally stated in the relevant directories.

  1. 7

    Robinson List: avoid the calls

If you have previously registered with an advertising opt-out system (Robinson List) they can only make commercial calls to you if you have given your specific consent to the company calling you. If they do not have your consent, all companies that carry out commercial campaigns are obliged to consult these systems. If you have given your consent and do not want them to continue calling you, you must revoke it.

  1. 8

    Individual calls

If you are a contact person of the entity where you work, you will be able to receive commercial calls only to interact with the entity and not with you as an individual.

  1. 9

    Calls according to your professional activity

If you are an entrepreneur or liberal professional, you may only receive commercial calls for products and services related to your business or professional activity, and not on an individual basis.

  1. 10

    Company identity information

At the beginning of each call you should be informed of the identity of the company or person on whose behalf you are being called, the commercial purpose of the call and the possibility to revoke consent or exercise the right to object. Please note that all calls must be recorded.

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surinenglish Still getting spam telephone calls? Police explain how to block unwanted numbers