GreeceLaw 3471/2006, Article 11(1), (2) and (7), Unsolicited Telephone Calls and Automated Calling Systems
Ν. 3471/2006, άρθρο 11 παρ. 1, 2 και 7
In force.
A telephone contact rule binding public and private bodies.
- Obligation class
- Consent, Prohibition
As of .
What it requires
- Obtain the subscriber's explicit consent beforehand before you use an automated calling system for direct commercial promotion of products or services or for advertising of any kind.NIST Privacy FrameworkCT.PO-P1
- Do not make unsolicited calls with human intervention for those purposes to a subscriber who has declared to the provider of the publicly available service that the subscriber does not wish to receive such calls in general.NIST Privacy FrameworkCT.PO-P3
- If you provide a publicly available electronic communications service, enter those subscriber declarations free of charge in a special directory of subscribers that is available to any interested person.NIST Privacy FrameworkCT.PO-P3
- Apply these rules to subscribers that are legal persons as well.
These lines are LexLint's reading of the law's text, as of . Also read by: Hellenic Data Protection Authority (guidance, recorded ).
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- CT.PO-P3Policies, processes, and procedures for enabling individuals’ data processing preferences and requests are established and in place.
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Guidance link
- https://www.dpa.gr/el/enimerwtiko/thematikes_enotites/proothisiproiontwn/faq_proothisi
- Guidance body
- Hellenic Data Protection Authority
- Open questions
- How can an advertiser establish that it holds the opt-out register of every provider that must keep one under Article 11(2), given that the Authority records that no unified register exists and that no certainty is possible?
What this law does
Article 11, paragraph 1 of Law 3471/2006 allows the use of automated calling systems for direct commercial promotion of products or services and for advertising of every kind only if the subscriber has first given explicit consent. Paragraph 2 prohibits unsolicited communications with human intervention, meaning calls, for those purposes where the subscriber has declared to the provider of the publicly available service that the subscriber does not wish to receive such calls in general.
The provider must enter those declarations free of charge in a special directory of subscribers that is available to any interested person. Paragraph 7 applies these rules also to subscribers that are legal persons. Law 3917/2011 replaced the first sentence of paragraph 2 from .
When LexLint raises it
When your app profile says your app sends automated outreach.