- Companies must identify their commercial calls with a specific prefix; if they don't, operators will automatically block them.
- All contracts concluded through unauthorized calls will be void, and companies will have to renew their consent to contact users by phone every two years.
- The law also introduces improvements in customer service, limits wait times, prohibits automated-only service, and special protections for essential services.
- Penalties for violating the new rules can reach 100.000 euros.
Unwanted commercial calls, also known as telephone SPAM, are about to become a thing of the past in Spain. The Executive has decided to act decisively in response to the flood of citizen complaints and, in the coming weeks, will present a series of legal reforms aimed at definitively curbing this practice. With the entry into force of the new regulations, Companies will have to adapt to a much stricter system for communicating with consumers by phone..
The Government, through the Ministry of Social Rights, Consumption and Agenda 2030, plans to introduce changes to the Customer Service Act. The objective is clear: protect the peace of mind of users against unauthorized calls for advertising or commercial purposes, a problem that had persisted despite previous measures and continued to cause discomfort in Spanish homes.
Obligation to identify commercial calls
One of the main novelties is the imposition of a specific telephone prefix for all business calls. Thus, any company that wants to contact a customer for commercial purposes you must use a clearly differentiated number, which will allow the user to identify the purpose of the call as soon as it appears on the screen.
In the event that companies do not use the prefix regulated by law, Operators will be required to automatically block such calls and prevent them from reaching the consumer. The Secretariat of State for Telecommunications will have up to one year to adapt the National Numbering Plan and implement these new codes.
These guidelines will prevent further excuses from being used such as previous consents, acceptance of cookies, or being former customers to justify advertising contact.
Invalid contracts and renewable consent
Any contract obtained through a phone call made without consent will be considered null and void. In this way, companies will be deprived of the benefits they obtained through abusive and non-transparent practices.
Furthermore, Companies will have to renew users' permission to receive commercial calls every two yearsThis is intended to prevent companies from hiding behind old or unclear consents to continue contacting you repeatedly.
New guarantees and improvements in customer service
The legal reform goes beyond simply blocking telephone spam. It includes a set of additional rights for consumers in their relationship with companies:
- Maximum limit of three minutes waiting to be served by customer service.
- Prohibition of exclusively automated care; companies will be required to offer the option to speak with a real person.
- Maximum period of 15 days to respond to complaints filed by customers.
- Adaptation of care for elderly or disabled people.
In situations of power outages for essential services (water, electricity, gas, or internet), companies will be required to report the nature of the incident and restore service within two hours. While a claim is pending, The supply to any family cannot be interrupted.
Fines, warnings and other protective measures
The future law contemplates Severe economic sanctions for those companies that fail to comply with these obligations. The fines will vary between 150 and 100.000 euros, depending on the severity of the violation.
Apart from the issue of calls, the regulations include obligations such as notify users at least 15 days in advance before automatically renewing subscription services (for example, streaming platforms like Netflix or Spotify), and has mechanisms to combat fake reviews, allowing reviews to be posted only within 30 days of purchasing or enjoying the service.
Who does it affect and when will it come into effect?
The new obligation It mainly affects large companies, that is, companies with more than 250 employees or a turnover exceeding 50 million euros. However, in key sectors such as energy, water, telephony, and the internet, The standard will apply to all companies, regardless of their size..
The text, which is currently in parliamentary proceedings and has the support of the main parties in the Executive, could be approved before the summer. During that period, Both operators and companies will have room to adapt and ensure that consumers no longer receive unwanted commercial calls without their prior consent.
With all these new features, The law aims to definitively close the chapter on aggressive commercial calls, restoring peace of mind and control over their telephone communications to users. In addition, general improvements in customer service, special protection for essential services, and a clear sanctioning framework for those who violate the new rules of the game are being introduced.
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