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The idea: as of today, June 29, 2023, the Government of Spain prohibits telephone ‘spam’ by law. The reality: unfortunately, we will continue to receive unwanted calls.

Telephone 'spam' says goodbye in Spain today: everything you need to know
Telephone ‘spam’ has always been the crux of the universalization of mobile phones.

There is no doubt that the great scourge of the universalization of the smartphone has been the proliferation of unwanted calls, commercial and spam or scams, calls that also in Spain have multiplied in recent monthsbecoming one of the 5 countries with the most spam worldwide telephone. Perhaps for this reason, the Government of Spain has wanted to tackle it with a regulation published in the BOE exactly one year agobut what left these 12 months of margin for companies to adapt.

Therefore, today, June 29, 2023, the Law 11/2022 General of Telecommunications as our friends told us bandaancha.esthat precisely regulates commercial calls by explicitly prohibiting them throughout the territory of Spain, unless there is a prior consent by the user himself under penalty of economic sanctions for companies.

That is the general idea, but the world of ideas already knows that it is not so easily extrapolated to reality, so we let’s lower your expectations because yes, indeed in Spain it will no longer be possible to make commercial calls, although There are other ways for this type of annoying advertising to continue in our lives. as much as Let’s sign up for the Robinson List either let’s block the infinity of different numbers They call us at all hours.

This is what the new one says General Telecommunications Law

Reviewing the texts in depth, we see that what the new Law specifies is the right of any user not to receive unwanted calls for commercial purposesdirectly prohibiting this type of calls without the need for exclusion lists and with only some exceptional cases in which it will be allowed do such annoying marketing campaigns.

These exceptions will imply a direct authorization by the user recipient of the call, so obviously the cases are going to be counted.

It will be the Spanish Data Protection Agency (AEPD) the one in charge of ensuring compliance with this Law by monitoring all mobile and landline numbers registered in Spain, being able to penalize companies that continue carrying out these practices illegally with large fines, ranging from 100,000 euros for minor offenses to 20 million euros for the most serious and flagrant cases.

The main idea is that of “put an end to the widespread practice of making commercial calls to randomly generated numbers”something that was extremely annoying for many users due to the hours and number of attempts of this kind of spam telephone.

Telephone 'spam' says goodbye in Spain today: everything you need to know

Advertising calls in Spain will be prohibited from June 29.

The reality is that the spam telephone is not going away (at least not completely)

From now on, companies that wish to carry out these campaigns they will have to review the subscriber guidesthat will include a field indicating if the owner of that phone has agreed to receive commercial calls. It will always be mandatory to review this field, so it will not be possible to call numbers everywhere as it was done.

In any case, and although it is certain that these calls will be reduced, it does not seem that the spam telephone will disappear at a strokeand it is that to begin with, the AEPD will allow calls for commercial purposes when the receiving owner is a company, and also when a company wants to call a customer or ex-customer to sell similar products to those who had contracted. There will be a grace period for this of 12 monthswhen the operator on duty will have to forget about you forever.

The new protocol also establishes that the company has to identify itself previously and indicate the purpose of the call in advance, informing the user that they can revoke consent to be called directly. The calls will also have to be recorded in order to be used as evidence before any requirement to verify their legality.

Fraud or commercial calls are not going to end because whenever you make a law, cheating is also done: many ‘call centers’ are moving abroad and other organizations use ‘caller ID spoofing’ methods to hide themselves.

But the problems do not end here, because done the law done the snare: he spam telephone will not end because the call centers they are going to move abroadsomething that cannot be controlled by the AEPD or at least will make it difficult for them precisely that control. there is already in fact some centers of this type located in Latin America, Morocco and other countries.

In these cases, even the Spanish Data Protection Agency sends requirementsThe complaint always ends up being filed due to the lack of response from the companies and the zero options for the administration to pursue them successfully.

Not only that, and it is that those responsible for these fraudulent calls are using some methods of caller ID spoofing with those that hide the caller ID, making the receiver believe that the origin is a station different from the real one. So, neither the user can know with certainty the origin nor the authorities can track anyone down to report it.

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