SpainLey 11/2022 General de Telecomunicaciones (LGT), Calling Line Identification: Right to Prevent Its Presentation and to Reject Unidentified Calls (Article 65(1)(o) and (p))
Ley 11/2022, de 28 de junio, art. 65(1)(o) and (p)
In force since .
A telephone contact rule binding private bodies.
- Obligation class
- Data subject rights
What it requires
- If you provide a number-based interpersonal communications service or operate a public electronic communications network, give end users a simple and free procedure to prevent the presentation of the identification of their line in the calls they make, or to the user who calls them (Article 65(1)(o)).
- Give end users a simple and free procedure to prevent the presentation of the originating line identification on incoming calls, and let them reject incoming calls on which that line does not appear identified (Article 65(1)(p)).
- Do not apply the restriction in Article 65(1)(o) to emergency communications to the number 112 or to the emergency entities a royal decree determines (Article 65(1)(o)).
- Meet the conditions a royal decree sets on the display, restriction and suppression of the originating and connected line identification (Article 65(1)(p)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Article 109(1)(c) fines a serious infraction, such as a violation of the end-user rights in Title III under article 107(30), up to 2,000,000 euros.
- Rule
- Fixed only
- As of
- Currency
- EUR
- Fixed cap
- 2,000,000
Who enforces it
Enforcement body
The Secretary of State for Telecommunications and Digital Infrastructures holds the sanctioning power over infractions of the rights in article 65, which are not among those assigned to the Agencia Española de Protección de Datos (Article 114(1)(c)).
Settledness
- As of
What this law does
Article 65(1)(o) gives end users the right to prevent, by a simple and free procedure, the presentation of the identification of their line in the calls they make, or to the user who calls them. End users cannot exercise the right in article 65(1)(o) for emergency communications to the number 112 or to the emergency entities a royal decree determines.
Article 65(1)(p) gives end users the right to prevent, by a simple and free procedure, the presentation of the originating line identification on incoming calls, and to reject incoming calls on which that line does not appear identified.
Operators of number-based interpersonal communications services, and operators of public electronic communications networks, must meet the conditions a royal decree sets on the display, restriction and suppression of the originating and connected line identification. Article 107(30) makes a violation of the rights of consumers and end users set out in Title III a serious infraction. A serious infraction is fined up to 2,000,000 euros under article 109(1)(c).
Article 114(1)(c) gives the Secretary of State for Telecommunications and Digital Infrastructures the sanctioning power in all cases other than those assigned to the Comisión Nacional de los Mercados y la Competencia and the Agencia Española de Protección de Datos, and over the infractions assigned to them where they fall within its own material scope.
When LexLint raises it
When your app profile says your app provides telecom services.
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