SpainLey 11/2022 General de Telecomunicaciones (LGT), Unsolicited Commercial Calls and Automated Calls (Article 66(1))
Ley 11/2022, de 28 de junio, art. 66(1)
In force since .
A telephone contact rule binding public and private bodies.
- Obligation class
- Consent, Prohibition
As of .
What it requires
- 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)).
If you get it wrong
Penalty structure
Article 109(1) 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, and a minor infraction, such as a failure to meet the public-law obligations in Title III under article 108(11), up to 100,000 euros.
- Rule
- Fixed only
- As of
- Currency
- EUR
- Fixed cap
- 2,000,000
Who enforces it
Enforcement body
The Agencia Española de Protección de Datos holds the sanctioning power for the serious infractions of article 107(30) and the minor infractions of article 108(11) when the data protection and privacy rights of end users recognized in article 66 are violated (Article 114(1)(b)).
What this law does
Article 66(1)(a) gives end users of publicly available number-based interpersonal communications services the right not to receive automated calls without human intervention, or fax messages, for commercial communication without having given their prior consent.
Article 66(1)(b) gives them the right not to receive unwanted calls for commercial communication, unless the user gave prior consent to receive such communications or the communication can rest on another legal basis listed in Article 6(1) of Regulation (EU) 2016/679. Article 66(5) applies the article without prejudice to Regulation (EU) 2016/679 and Ley Orgánica 3/2018, in particular the concept of consent in that legislation.
Final provision 6(2) brings the right in article 66(1)(b) into force within one year from the publication of the Act. A violation of the rights of consumers and end users set out in Title III is a serious infraction under article 107(30). A serious infraction is fined up to 2,000,000 euros under article 109(1)(c). Article 108(11) makes a failure to meet the public-law obligations set out in Title III a minor infraction. A minor infraction is fined up to 100,000 euros under article 109(1)(d).
The Agencia Española de Protección de Datos holds the sanctioning power for the serious infractions of article 107(30) and the minor infractions of article 108(11) when the data protection and privacy rights of end users recognized in article 66 are violated.
When LexLint raises it
When your app profile says your app sends automated outreach.