SpainTexto refundido de la Ley General para la Defensa de los Consumidores y Usuarios (TRLGDCU), Commercial Character of Distance Commercial Communications and the Right to Object to Unwanted Offers (Article 96(1) and (4))
Real Decreto Legislativo 1/2007, art. 96(1) and (4)
In force since .
A commercial messages rule binding private bodies.
- Obligation class
- Disclosure, Data subject rights
What it requires
- 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)).
These lines are LexLint's reading of the law's text.
Who enforces it
Settledness
- As of
What this law does
Article 96(1) requires every distance commercial communication to show its commercial nature unequivocally. Article 96(4) gives the consumer and user the right to object to receiving unwanted commercial offers by telephone, fax or other equivalent means. Within a pre-existing relationship, article 96(4) also gives the consumer and user the right to object to receiving commercial communications by e-mail or another equivalent electronic means.
Article 96(4) requires each commercial communication to inform the consumer and user of the simple and free means of objecting to receiving them. Article 94 applies the specific rules on information society services and electronic commerce to commercial communications by e-mail or other electronic means in addition to the consumer title, and gives those rules priority where the two conflict, except for the second paragraph of article 97(7).
Article 47(s) lists as an infraction the use of communication techniques that require the consumer's prior express consent or the absence of opposition, where that circumstance is missing. Article 48(2)(b) qualifies the infractions of article 47(s) as serious, unless they count as very serious under the third paragraph of article 48.
Article 49(1)(b) fines a serious infraction between 10,001 and 100,000 euros, and the fine may exceed that range up to four to six times the unlawful benefit obtained.
When LexLint raises it
When your app profile says your app places automated calls, sends commercial email or sends faxes.
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