The Plenary Session of the Congress of the Republic unanimously approved the opinion of Bills No. 2942/2022, 3131/2022 and 3541/2022 (the “Opinion”), which modifies literal e. of article 58.1 of Law No. 29571, Consumer Protection and Defense Code (the “Code”), regarding the prohibition of spam calls.
With this amendment to the Code, companies would be prohibited from using call centers , telephone calling systems, sending text messages to cell phones or mass electronic messages to offer products or services to consumers, unless the latter, on their own initiative, have given their free, prior, informed, express and unequivocal consent to be contacted to receive commercial or advertising communications. This includes the prohibition of making calls to establish initial contact with the consumer and request their consent, which is currently permitted by the Code.
The Opinion also specifies that consent may be revoked with immediate effect and without giving any reason, at any time and in accordance with personal data protection regulations. Furthermore, it provides that the violation of this prohibition or its revocation is a very serious infringement.
Finally, the Opinion incorporates article 58.3 into the Code, the text of which states that in order to guarantee consumer protection against aggressive or deceptive commercial methods, the State establishes rules for the proper use of sending messages and calls on telecommunications networks. For the application of this provision, the Sole Final Complementary Provision of the Opinion states that within a period of 60 calendar days – counted from its entry into force – the Executive Branch will establish additional regulations that grant special telephone numbers to providers, security methods and validation techniques so that users can identify the calls they receive.
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