Unsolicited commercial calls: what the regulation says

This article is informational and does not constitute legal advice. Before designing your calling campaigns, consult your legal or data-protection advisor.

Since mid-2023, the rules for commercial calls in Spain have changed significantly. If your business makes calls for commercial purposes, it's worth knowing the framework that governs them.

What changed

Article 66.1.b) of Act 11/2022, of 28 June, the General Telecommunications Act recognises users' right not to receive unwanted calls for commercial communication purposes.

The key change is the consent model. Until 29 June 2023, a company could call as long as the user had not expressly objected (an opt-out model). From that date, the rule is reversed: making a commercial call generally requires the user's prior consent, unless the company can justify another lawful basis under Article 6.1 of the GDPR (for example, a duly documented legitimate interest that prevails).

The AEPD's Circular 1/2023

The Spanish Data Protection Agency (AEPD) published Circular 1/2023 to set the criteria for applying Article 66.1.b). It establishes how companies making these calls must act, regardless of sector, and clarifies when a call can rely on legitimate interest and what safeguards must be met.

Possible penalties

Non-compliance may lead to penalties. It is generally treated as a minor infringement, with fines of up to €100,000, but depending on the circumstances it may be classified as serious, with fines reaching up to €2 million.

What you should review in your business

• Lawful basis: make sure each campaign relies on prior consent or a properly documented legitimate interest.
• Exclusion lists: honour do-not-call requests and check advertising exclusion systems.
• Records and traceability: keep evidence of consent and the source of your contacts.
• Number identification: display an identifiable number attributed to your company (linked to the anti-spoofing regulation).

At Virtual Voz we offer a virtual PBX with properly identified numbering and call-management tools. If you want to review how your telephony is set up, get in touch.