Almost a year has passed since the last amendment to the law came into force. General Telecommunications Lawapproved on June 29, which was to put an end to unwanted commercial calls, better known as spam. However, the regulations established exceptions. The main, 'that there is prior consent to receive this type of commercial communications'. Whether taking advantage of this legal loophole, or simply due to bad business practices, the calls spam They continue to occur and be a problem for many users.
The OCU, Association of Consumers and Users, has denounced this situation on several occasions and has information and resources on this issue on its website. Among them a model of opposition to commercial calls which can be downloaded from their website.
This model allows you demand your right of access and know the data that the company that is calling you has about you, when you gave your consent and to whom it was transferred. Also exercise revocation of consent and the right to object to receive calls for commercial communication purposes.
Now, to be able to exercise it, it is necessary know against whom. The OCU reminds that in a commercial call it is mandatory to indicate the identity of the businessman, the commercial purpose of the call and inform about the possibility of revoking consent and exercising the right to object to receiving unwanted commercial calls. However, many recipients of the calls are unaware of what companies are obliged to do by law and, according to the OCU, many companies fail to comply with their obligation to identify themselves from the beginning.
For this reason, the organization recommends requiring the company to correctly identify itself and ask if it has your consent to receive commercial calls from it. If it turns out that at some point you gave it, you must be able to revoke it.
If not, you can download the model from the OCU website, you will need to be a member to do so, fill it out and send it to the email address provided by the company for these claims. This must appear in your Privacy Policy which you can consult on their website. It is not necessary to send a copy of your ID, but the data controller may request it to verify your identity.
If the company persists in calling you after having sent the objection form to unwanted commercial calls, you have two possibilities. One is Contact the company's Data Protection Officer to claim your rights, in the event that it is a different address than the one you have used.
The next thing is to resort to the Spanish Data Protection Agency, which has the ability to sanction these practices. To complain to the AEPD, indicates the OCU, you will need proof of having sent the model exercising your rights, to be able to identify the call with an image of the telephone in which you can see both the number used by the company and the time of the call and a document that proves your ownership of the number that is receiving them.