SloveniaElectronic Communications Act (ZEKom-2), Article 226, Paragraphs 1 and 3 with Article 217, Paragraphs 3 to 5, Direct Marketing by Telephone Call
226. člen, 217. člen Zakona o elektronskih komunikacijah (ZEKom-2)
In force since .
A telephone contact rule binding public and private bodies.
- Obligation class
- Consent, Prohibition
As of .
What it requires
- Use automated calling and communication systems that make calls to a subscriber's telephone number without human intervention (such as automatic dialers, SMS and MMS) for direct marketing only with the subscriber's or user's prior consent (article 226, paragraph 1).NIST Privacy FrameworkCT.PO-P1
- Use other electronic communications means for direct marketing, including voice calls, only with the subscriber's or user's consent, and make refusing consent free of charge for them (article 226, paragraph 3).NIST Privacy FrameworkCT.PO-P1
- At each marketing or research call, respect the prohibition on using the subscriber's personal data for commercial or research calls that is marked in the latest published electronic directory (article 217, paragraph 5, applied through article 226, paragraph 3).NIST Privacy FrameworkCT.PO-P3
- The consent rules in article 226, paragraphs 1 and 3 apply to subscribers who are natural persons (article 226, paragraph 4).
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.
- 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
If you get it wrong
Penalty structure
Article 301, paragraph 1 fines a legal person EUR 200 to EUR 1,000, and EUR 1,000 to EUR 20,000 where it is a medium-sized or large company; article 300, paragraph 1 sets higher fines for breach of article 217, paragraph 5.
- Rule
- Fixed only
- As of
- Minimum
- 200
- Currency
- EUR
- Fixed cap
- 20,000
Who enforces it
Enforcement body
The Agency for Communication Networks and Services of the Republic of Slovenia (agencija) supervises the provisions of this chapter, except those articles that the Information Commissioner supervises (article 229).
Settledness
- As of
- Open questions
- How do the consent rule in Article 226(3) of ZEKom-2 and a subscriber's ban on commercial calls under Article 217(3) interact for a voice call to a subscriber who consented but entered a ban in the directory?
What this law does
Article 226, paragraph 1 of the Electronic Communications Act (ZEKom-2) allows automated calling and communication systems that make calls to a subscriber's telephone number without human intervention (for example automatic dialers, SMS and MMS) to be used for direct marketing only with the subscriber's or user's prior consent.
Article 226, paragraph 3 allows the use of means for direct marketing by electronic communications other than those in paragraphs 1 and 2 only with the consent of the subscriber or user. Article 226, paragraph 3 requires refusing consent to be free of charge for the subscriber or user. Article 226, paragraph 3 also requires paragraphs 3, 4 and 5 of article 217 to be respected when a voice communications service is used.
Article 217, paragraph 3 gives subscribers the option to prohibit the use of their personal data for calls with a commercial or research purpose, for either purpose or both, when entered in a directory or at any later time. Article 217, paragraph 5 requires persons making calls with a commercial or research purpose to respect at each call the prohibition marked in the latest published electronic directory, if it differs from the marking in the printed directory of the same publisher.
Article 226, paragraph 4 applies paragraphs 1 and 3 to subscribers who are natural persons. Article 301, paragraph 1 fines a legal person EUR 200 to EUR 1,000, or EUR 1,000 to EUR 20,000 where it is a medium-sized or large company, for the breaches it lists.
Article 301, paragraph 1 lists using other means of direct marketing by electronic communications without consent, making refusal of consent chargeable, and not respecting article 217, paragraphs 3, 4 and 5 in voice calls, among those breaches. Article 300, paragraph 1 fines a legal person EUR 500 to EUR 15,000, or EUR 20,000 to EUR 50,000 where it is a medium-sized or large company, for the breaches it lists.
Article 300, paragraph 1 lists using a subscriber's personal data for commercial or research calls despite the subscriber's prohibition among those breaches. Article 229 has the Agency supervise the provisions of its chapter, except articles 216, 220, 221, 223 and 225, which the Information Commissioner supervises.
Article 230 establishes the Agency for Communication Networks and Services of the Republic of Slovenia (Agencija za komunikacijska omrežja in storitve) as a legal person under public law. Article 323 provides that the Act takes effect on the thirtieth day after its publication in Uradni list, which was on .
When LexLint raises it
When your app profile says your app sends automated outreach.