Against the so-called ‘aggressive telemarketing', as of 27 July 2022 citizens can also register their mobile phone number in the Opposition Register (RPO). Thus, the business operator will have to check whether there are any users entered in the Register among the contacts at his/her/its disposal. These latter, having revoked their consent, will not have to receive promotional or commercial communications, either from the operator directly or from delegated third parties.
The Register of Oppositions (RPO) is a tool through which, already in the past, attempts have been made to curb ‘aggressive telemarketing'.
As of 27 July, citizens can also register their mobile phone number in the register. Registration has the effect of
– revoking any consents previously given for the receipt of calls or printed material for promotional and commercial purposes, respectively, on the number or address registered (limited to postal addresses in public telephone directories);
– also revoking any consents given for the transfer of their data to third parties.
The user may restrict the revocation to certain persons only. After registration, this may only receive calls from parties with whom there is an active contract or the same was terminated in the last 30 days.
Subscription requests become effective in 15 days for telephone marketing and in 30 days for postal marketing.
Registration is open-ended and can be renewed at any time. Thus, with the establishment of the Register it becomes the duty of the owner to consult the RPO monthly, or in any case before the start of each promotional campaign.
The check must also be carried out in the various cases where the business operator mandates a third party or where the third party carries out telemarketing on behalf of the operator, who will subsequently pay a commission for each contract concluded. In such a case, the operator will be always liable for any infringement since it falls to the latter to verify that all contacted users have validly given their consent.
If, despite registration, the user still receive communications, he/she may:
– exercise the rights provided for by the GDPR, in relation to processing related to marketing activity and, in the event that the exercise of the aforementioned rights does not have positive effects, may
– submit a report or a complaint directly to the Authority, attaching proof of the exercise of the rights provided for by the regulation and any other element that may prove useful for the purposes of initiating the investigation.
Despite the numerous and significant sanctions already imposed since July, there have been approximately 1,700 reports – about three times those issued in the same period last year.
It is hoped that the Code of Conduct for Business Process Outsourcers, which at present is at the stage of a mere proposal – put forward by Assocontact (National Association of Business Process Outsourcers) and OIC (Osservatorio Imprese e Consumatori) – will be adopted quickly.
The Code, if implemented, will strengthen the principle of accountability, as it will allow operators to have a set of principles, rules and prohibitions to comply with and refer to, and through which to truly protect the personal data of the users involved.
In conclusion, although one must recognise the positive impact that an instrument such as the Opposition Register can have in our legal system, at the same time one must admit the partial achievement of the initial intentions.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.