LuxembourgAct of 30 May 2005, Article 11(1), (3), (5) and (6), Unsolicited Calls and Automated Calling Systems for Direct Marketing
Art. 11, paragraphes (1), (3), (5) et (6), loi modifiée du 30 mai 2005
In force since .
A telephone contact rule binding public and private bodies.
- Obligation class
- Consent
As of .
What it requires
- Obtain the prior consent of the subscriber or user before you use an automated calling system without human intervention for direct marketing, where the subscriber is a natural person.
- Obtain the prior consent of the subscriber or user before you send unsolicited communications for direct marketing by any other means than automated calling systems, fax machines or electronic mail, where the subscriber is a natural person.
These lines are LexLint's reading of the law's text, as of .
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.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureYes
Criminal exposure note
Imprisonment of eight days to one year and a fine of EUR 251 to EUR 125,000, or one of those penalties only; the court may also order the processing to stop under a penalty payment (Article 11(6)).
Who enforces it
Enforcement body
The National Commission for Data Protection (Commission nationale pour la protection des données), which Article 12 charges with ensuring the application of the Act.
Settledness
- As of
- Open questions
- Does Article 11(3) of the amended Act of , which requires prior consent for unsolicited direct marketing "par d’autres moyens" than automated calling systems, fax and electronic mail, reach a telephone call placed by a human caller?
What this law does
Article 11, paragraph 1 of the Act of allows the use of automated calling systems without human intervention for direct marketing only where it targets a subscriber or user who has given prior consent. Paragraph 3 allows the sending of unsolicited communications for direct marketing by means other than those in paragraphs 1 and 2 only if the subscriber or user concerned has given prior consent. Paragraph 5 applies paragraphs 1 and 3 to a subscriber who is a natural person.
When LexLint raises it
When your app profile says your app sends automated outreach.