Sends faxes, in Spain

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 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)).

Real Decreto Legislativo 1/2007, art. 96(1) and (4) · Read the law's page

• State unequivocally, in every commercial communication you send to a consumer or user at a distance, that it is a commercial communication (Article 96(1)).
• Respect the consumer's or user's right to object to receiving unwanted commercial offers by telephone, fax or another equivalent means (Article 96(4)).
• Where you send commercial communications by e-mail or another equivalent electronic means within a pre-existing relationship, respect the consumer's right to object to receiving them, and inform the consumer in each communication of the simple and free means of objecting (Article 96(4)).

Real Decreto Legislativo 1/2007, art. 96(2), (3) and (5) · Read the law's page

• Do not make commercial telephone calls to a consumer or user before 09:00 or after 21:00, or on public holidays or weekends (Article 96(2)).
• At the start of any commercial telephone conversation, state your identity, or the identity of the person on whose behalf you call, and the commercial purpose of the call (Article 96(2)).
• Obtain the consumer's or user's express prior consent before you use an automated calling system without human intervention, or fax, for a commercial communication (Article 96(3)).
• Do not make commercial calls by other systems without consent to a consumer who chose not to appear in the electronic communications directories, exercised the right that the data there not be used for advertising or commercial prospecting, or asked to join the common files excluding commercial communications (Article 96(3)).
• Make an unwanted commercial offer by telephone from an identifiable telephone number (Article 96(5)).
• On the first commercial offer, inform the consumer of the right to object to new offers and to obtain a reference number for the objection, and keep the data of the users who objected, with the reference numbers, for at least one year (Article 96(5)).

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)).

Ley 11/2022, de 28 de junio, art. 66(1) · Read the law's page

• End users of publicly available number-based interpersonal communications services have the right not to receive automated calls without human intervention, or fax messages, for commercial communication without having given their prior consent: do not place such calls or send such faxes without it (Article 66(1)(a)).
• End users also have the right not to receive unwanted calls for commercial communication: do not place such a call unless the user gave prior consent to receive it or the communication can rest on another legal basis listed in Article 6(1) of Regulation (EU) 2016/679 (Article 66(1)(b)).
• Where you rely on consent, the concept of consent in Regulation (EU) 2016/679 and Ley Orgánica 3/2018 applies (Article 66(5)).