7 March 2024, the Data Protection Authority approved the final version of the Code of Conduct for telemarketing and teleselling activities and announced the accreditation of the Monitoring Body as a subject delegated to control activities.
The Data Protection Authority accredited the Monitoring Body (OdM) to verify compliance with the Code of Conduct for telemarketing and teleselling activities (Code). This is a body composed of nine members, including the Chairman. The Data Protection Authority has clarified that the Body possesses an adequate level of professionality and skills that must be present throughout the duration of the mandate (3 years non-renewable for the first application of the Code, while subsequent mandates are five years non-renewable). Specifically, the Monitoring Body is required to:
(i) ensure compliance with the Code;
(ii) provide with periodic reports on the activities carried out;
(iii) provide a uniform interpretation of the Code by adopting specific guidelines;
(iv) manage complaints between adherents and data subjects and propose guidelines for the management and resolution of disputes that may arise between them; v
(v) promote the establishment of working groups for the identification of technological solutions to support the performance of telemarketing and teleselling activities.
The Code aims to contribute to the correct application of the GDPR, that is to ensure the correctness and legitimacy of the processing of personal data in the context of telephone contact activities by operator or by automated call systems for promotional or direct sales purposes by call centers/agencies.
Among the provisions of the Code, there are common obligations for all adherents to protect consumers, including the obligation to collect consents that are not generic and not pre-selected, but specific for every purpose and adequately informed and documentable. In addition, the full exercise of the rights of data subjects provided for by the GDPR must be guaranteed, with reference to the right to withdrawing the consent and the right to object to processing.
In this regard, when a data controller acquires a list of contacts, it is required to compare this list with its own blacklist and with the database of the Public Register of Oppositions to avoid contacting numbers already in the Register. The Code of Conduct provides for the application of a penalty or non-payment of the commission for each contract concluded as a result of a promotional contact without consent.
Furthermore, suppliers that materially carry out telemarketing/teleselling activities are prohibited from contacting users at specific times of the day and, in order to be easily identifiable, must use appropriate line identifiers, be registered in the Register of Communication Operators and use only callable or identifiable telephone numbers.
Technical and organizational measures aimed at preventing the unauthorized extraction of personal data from contact lists, as well as suitable measures to ensure the traceability of the operations carried out and the recordings of contract proposals are also provided by the Code. In addition, data controllers must carefully select their business partners through a supplier pre-qualification procedure to ensure adequate standards. In case of infringements of the rules on the subject, commissioner data controllers and data processors are jointly liable.
In conclusion, what is hoped for with the introduction of the Code of Conduct for telemarketing and teleselling activities and with the accreditation of the OdM is that telephone calls aimed at promoting and/or offering goods and services do not result in conducts that are detrimental to people’s privacy and individual tranquility and that, consequently, trust in telemarketing can be restored.
DISCLAIMER: This article merely provides general information and does not constitute legal advice of any kind from Macchi di Cellere Gangemi which assumes no liability whatsoever for the content and correctness of the newsletter. The author or your contact in the firm will be happy to answer any questions you may have.
