Law

Law

Spain spam call ban: new fines for electricity and gas companies making unsolicited calls

Spain’s cabinet is set to approve a royal decree that will ban electricity and gas companies from making promotional ‘spam’ calls without the explicit prior consent of the consumer.

The initiative, led by the Ministry for Ecological Transition, introduces a strict crackdown on aggressive telemarketing. Companies found in violation of the new rules could face significant fines ranging from 600,001 euros to six million euros.

The decree complements existing legislation that requires companies to identify commercial calls using a specific prefix. This allows telephone operators to automatically detect and block non-consensual marketing attempts.

Under the new regulations, any contract formalised through an unauthorised commercial call will be declared null and void. This measure aims to protect vulnerable consumers from being pressured into switching suppliers through "spoofing" or misleading telephone tactics.

To ensure transparency, energy marketers will be prohibited from signing up new customers without unequivocally verifying their identity. This must be done via an ID card (DNI) or equivalent document, and companies must retain accredited proof of consent through electronic signatures or audio recordings.

The National Commission for Markets and Competition (CNMC) will be responsible for overseeing the regulation and initiating sanctioning proceedings against firms that breach the rules.

The decree also introduces stricter quality standards for customer assistance. Large utility companies will now be required to: answer 95 per cent of calls in less than three minutes; provide personalised attention; restrict the use of automated "bots" or answering machines and resolve complaints within a maximum of 15 days, down from the previous 30-day limit.

The move follows data from the CNMC showing that 16.5 per cent of households that switched electricity suppliers in late 2024 did so after being contacted by telephone without having requested the call.