SlovakiaElectronic Communications Act, Section 116, Paragraphs 7 to 14, Telephone List of Objections to Direct Marketing Calls
Zákon 452/2021 Z. z., § 116 ods. 7-14
In force since .
A telephone contact rule binding public and private bodies.
- Obligation class
- Consent, Prohibition, Licensing
As of .
What it requires
- Do not make any call for direct marketing to a telephone number that the subscriber or user entered in the Authority's list, or to a person who objected to such calls to the person for whom the marketing is done, unless the subscriber or user gave that person consent after the last update of the entry (section 116, paragraph 8).
- Check in the list on the Authority's website every telephone number or group of numbers you intend to call for direct marketing, and pay the fee the Authority sets for the check (section 116, paragraph 10).
- For direct marketing by calls, automated calling and communication systems, telefax, SMS or MMS, and for obtaining prior consent to such calls, use only numbers identified by the national destination code for that purpose in the numbering plan. This does not apply to calls to the published contact details of a subscriber or user who is a sole trader or a legal person (section 116, paragraph 12).
- The call prohibition and the number rule do not apply to direct marketing of your own similar goods and services where you obtained the contact details in connection with a sale or have a contractual relationship with the person, or to a person who requested such communication in advance in a provable way. Give the person an easy and free possibility to refuse that use of contact details when the details are collected and at every contact (section 116, paragraph 14).
If you get it wrong
Penalty structure
Section 124, paragraph 3 sets the fine at EUR 200 up to 5 percent of turnover for the previous accounting period, and paragraph 6 limits it to EUR 300,000 where the person had no turnover or the turnover cannot be calculated.
- Rule
- Turnover pct only
- As of
- Minimum
- 200
- Currency
- EUR
- Turnover percentage cap
- 5
Who enforces it
Enforcement body
The Regulatory Authority for Electronic Communications and Postal Services (Úrad pre reguláciu elektronických komunikácií a poštových služieb), which imposes the fine (section 124).
What this law does
Section 116, paragraph 7 of the Electronic Communications Act requires the Authority to set up and run on its website a list of the telephone numbers that subscribers or users have entered to express disagreement with calls for direct marketing. Section 116, paragraph 8 prohibits any call for direct marketing if the subscriber or user has entered the telephone number in the list or has objected to such calls to the person for whom the marketing is done.
The prohibition in paragraph 8 does not apply if the subscriber or user gave the person for whom the marketing is done consent after the last update of the entry in the list. Section 116, paragraph 9 gives the subscriber or user the right at any time to enter a telephone number in the list or update the entry free of charge.
Section 116, paragraph 10 requires the person doing direct marketing to check the entry of a telephone number or group of numbers in the list on the Authority's website and to pay the fee the Authority sets for the check.
Section 116, paragraph 12 requires a person doing direct marketing by calls, automated calling and communication systems, telefax, SMS or MMS, or obtaining prior consent to such calls, to use for that purpose only numbers identified by the national destination code for it in the numbering plan. That duty does not apply to direct marketing calls made to the published contact details of a subscriber or user who is a sole trader or a legal person.
Section 116, paragraph 14 provides that paragraphs 8 and 12 do not apply to direct marketing of the person's own similar goods and services where the person obtained the contact details in connection with a sale or has a contractual relationship with the subscriber or user, or to a subscriber or user who requested such communication in advance in a provable way.
Section 116, paragraph 14 requires that the subscriber or user be given a possibility to refuse that use of contact details easily and free of charge at any time, when the details are collected and at every contact for direct marketing. Section 124, paragraph 3 makes a breach of section 116, paragraphs 3 to 6, 8, 12 and 14 to 16 punishable by a fine of EUR 200 up to 5 percent of turnover for the previous accounting period.
Section 134 provides that the Act takes effect on , except that paragraph 12 of section 116 takes effect on and paragraphs 7 to 10 of section 116 take effect on .
When LexLint raises it
When your app profile says your app sends automated outreach.