Right to object to direct marketing

You may receive advertising messages and communications if you have previously given your consent, or when the company calling can justify a legitimate interest and you have not expressed your right to object.


Trucades

Regarding unwanted telephone calls, the recent amendment to the General Telecommunications Law has meant a substantial change with respect to the previous regime:

  • Random commercial calls can only be made if the user has given prior consent.
  • Regarding legitimate interest, from June 29, 2023 this concept as a legal basis will be interpreted restrictively and must be assessed by the company making the calls. Thus:
  • Legitimate interest is only possible if the user has had a previous relationship with this company, having purchased its products or services.
  • Furthermore, the products offered must be similar to those previously contracted.
  • It is not permissible to receive calls from other companies, even if they belong to the same business group.
  • If the commercial relationship is no longer valid and the user has not made any request or interacted with the company in the last year, the company cannot call him.

Depending on the legal basis on which the sending of advertising is based, you can use one or another of the following ways to stop receiving it when you no longer wish to receive it:

When you have not given your consent, registering on an advertising exclusion list can be a good solution to avoid receiving advertising.

Registration is free and companies that want to run an advertising campaign are required to consult these lists and exclude people who are registered from the campaign.

However, registration on these lists will not prevent you from receiving advertising from a company of which you are a client and which affects products related to those you have contracted, or if you have given your consent to this type of transmission.

When registering, you can decide to stop receiving advertising by any means, or choose the communication channel through which you do not want to receive it (postal mail, telephone calls, email or other means).

You must take into account that the registration is effective from the third month from the date on which the exclusion is notified. Therefore, it is possible that during this period you will continue to receive some commercial communication.

It is important that the information you provide when subscribing to the list is accurate, as the exclusion only takes effect with respect to addresses or telephone numbers that match in all their characters those provided by the interested party.

You can subscribe to the Robinson List or the Stop Publicidad list.

The sending of advertising information may be based on your consent. This consent must be expressed if it concerns automatic phone calls without human intervention, or commercial communications by email, SMS, or other electronic means of communication, unless it is drawn from an entity of which you are a customer and the advertising communications refer to products or services similar to those you have contracted.

If you have given your consent to the use of your data for advertising purposes and you do not wish to continue receiving advertising, you can revoke your consent at any time simply and free of charge, by such means as calling a toll-free number or the customer services established by the data controller entity. When communications have been sent by email, the transmission must include a valid email address where consent can be revoked.

If you do not want a certain company to process your data for advertising purposes, you can exercise your right to object to it at any time, simply and free of change, in such way that it excludes you from its advertising campaigns.

When exercising your right of opposition, clearly indicate in the request that you do not want your data to be processed for advertising purposes; indicate the channel or channels to which your opposition refers and the data you do not want to be processed.

When it comes to communications sent by email, the exercise of the right of opposition must be possible through a valid email address, which must necessarily be included in these electronic communications for advertising purposes.

Regarding the right to object to receiving telephone calls, any unequivocal statement by you against receiving the call must be understood as a revocation of consent or, where applicable, as an exercise of the right to object, which must be attended to immediately. 

You can, free of charge, exercise your right not to appear in telephone directories or, if you prefer, to continue being part of them, but without your data being used for advertising purposes. You can also request that the address or some other data listed there be partially omitted.

To exercise this right, you can contact the carrier with whom you have procured your telephone service and inform them that you do not want your personal data to be published in subscriber directories, or that they are not to be used for advertising purposes.

Your data must be removed or excluded for advertising purposes from the online version of the telephone directories and also from the next edition of those published on paper or some other physical medium.

Last update: 04.12.2025