Duty LXD-4740
Sends automated texts, in Spain
Ley 34/2002 de servicios de la sociedad de la información y de comercio electrónico (LSSI), Identification of Commercial Communications, Promotional Offers and Senders (Article 20)since 3 lines
Ley 34/2002, de 11 de julio, art. 20 · Read the law's page
- Make every commercial communication you send by electronic means clearly identifiable as a commercial communication, and clearly identify the natural or legal person on whose behalf you send it (Article 20(1)).
- For promotional offers such as discounts, prizes and gifts, and for promotional contests or games, make clear that they are promotional and make the conditions for access and, where relevant, participation easily accessible and clear and unequivocal; the rule applies subject to the corresponding prior authorization (Article 20(2)).
- Do not send commercial communications that disguise or conceal the identity of the sender on whose behalf they are sent, that contravene Article 20, or that invite recipients to visit Internet pages that contravene it (Article 20(4)).
Ley 34/2002 de servicios de la sociedad de la información y de comercio electrónico (LSSI), Prior Consent to Commercial E-Mail and Equivalent Messages, and Revocation (Articles 21 and 22(1))since 5 lines
Ley 34/2002, de 11 de julio, arts. 21 and 22(1) · Read the law's page
- Do not send advertising or promotional communications by e-mail or another equivalent electronic means that the recipient has not previously requested or expressly authorized (Article 21(1)).
- You may send commercial communications without that request or authorization only where a prior contractual relationship exists, you lawfully obtained the recipient's contact data, and you use it to send commercial communications about products or services of your own company that are similar to those originally contracted with the customer (Article 21(2)).
- In every case, offer the recipient a simple and free way to object to the processing of their data for promotional purposes, both when you collect the data and in each commercial communication you send (Article 21(2)).
- For communications sent by e-mail, include a valid e-mail or other electronic address where the right to object can be exercised; do not send communications that omit it (Article 21(2)).
- Let recipients revoke their consent to receive commercial communications at any time by simply notifying you, provide simple and free procedures for revocation, and give accessible information by electronic means about those procedures; for e-mail, include a valid e-mail or other electronic address where the right can be exercised and do not send communications that omit it (Article 22(1)).
Ley Orgánica 3/2018 (LOPDGDD), Advertising Exclusion Systems (Article 23)since 3 lines
Ley Orgánica 3/2018, de 5 de diciembre, art. 23 · Read the law's page
- Before you carry out direct marketing communications, consult the advertising exclusion systems that may affect your action and exclude from the processing the data of the people who have expressed their opposition or refusal; consulting the systems on the list published by the competent supervisory authority is enough (Article 23(4)).
- You need not consult the systems for a person who consented, under Ley Orgánica 3/2018, to receive the communication from you (Article 23(4)).
- When a person tells you they do not want their data processed to send them commercial communications, inform them of the existing advertising exclusion systems, which you may do by referring them to the information the competent supervisory authority publishes (Article 23(3)).