The Italian Data Protection Authority against “wild” telemarketing

The Italian Data Protection Authority has recently taken action against several companies that were engaged in illegal telemarketing activities. The authority has also confiscated some databases for the first time.

In its official communication on June 6th, the Italian Data Protection Authority stated that “the use of confiscation as a tool represents a further increase in the Authority’s efforts to combat illegal telemarketing, which on the other hand is actively working with ethical operators in the sector to finalize a code of conduct, while also continuing to enforce regulations and take action against illegal telemarketing”.

WILD TELEMARKETING PRACTICES

The Supervisory Authority has sanctioned a range of “wild” telemarketing practices including:

• Failure to monitor call centers outside of its official network;
• Inadequate response to requests to exercise the rights of the interested parties;
• Publication of personal data in public telephone directories without the consent of the interested parties;
• Adoption of inadequate measures to ensure the protection of personal data;
• Lack of traceability of processing carried out in the context of marketing activities;
• Acquisition of unlawfully contact lists, in order to get in touch with thousands of individuals and propose commercial offers to them.

In addition to the confiscation of databases of potential customers to some call centers, the Supervisory Authority has taken corrective measures against a company in the telephone sector and two companies in the energy sector, for a total of more than EUR 8,500,000.

The Italian Data Protection Authority’s measures are available through the following links:  Provvedimento del 13 aprile 2023, Provvedimento del 13 aprile 2023, Provvedimento del 14 aprile 2023 e Provvedimento del 14 aprile 2023

AVAILABLE REMEDIES

The difficulties linked to the fight against “wild” telemarketing arise in part from the use of tools for camouflaging the real number of the calling party (so-called spoofing) and the delocalization of companies engaged in illicit activities outside the European Union.

Consequently, instruments designed to protect the interest of the interested parties assume a critical role. These instruments include:

• The Code of Conduct for telemarketing and teleselling activities: the Code of Conduct is a regulatory instrument recently approved by the Italian Data Protection Authority, aimed at regulating the processing of personal data carried out during the entire telemarketing process: from the collection and management of contact data, up to the formalization phase of the contract with the customer. For an in-depth study, we refer you to our publication of 28 March 2023 available at the following link.
• The Public Opposition Register (RPO): the Public Opposition Register allows citizens to oppose unwanted telemarketing calls. The registration in the RPO cancels previously issued consents, except those given to parties with whom a contract is in place.

*****

We remain at your disposal for any clarification.