Italy: Telemarketing - new rules for call centres and the Opt-Out Public Register

On 22th December 2017, the Senate has approved the legislation D.D.L no. 2603-B concerning new rules on call center and the Opt-Out Public Register. The Law will enter into force the day after the publication on the official Gazette (still to be published on the Official Gazette).

Please find below the main legislative news concerning the registration and the operation of the Opt-Out Public Register ("Register"):

• The chance for all the "data subjects", as defined by the Legislative Decree 196/2003 (therefore the natural persons), to register their telephone utilities - both landline and mobile - into the Register. The registration could be concurrent and for all the telephone utilities assigned to a data subject.
• Each consent given by the data subject to the operator, or specifically provided to other operators, for marketing by phone before registering with the Register is withdrawn upon such registration (with the exception of the consent provided within specific contractual relationship in force or not terminated for more than 30 days).
• The prohibition of the use of the telephone numbering by third party to whom the data were transferred on the basis of consent, for the purpose of marketing and commercial communication. If the phone number is shared with third parties for them to use if for their own purposes (e.g. marketing), the data controller has to inform the data subjects and provide them with the identification details (e.g. full name and address) of such third party to whom the data will be transferred.
• The landline numbering that are not published into the phone directories (because the subscriber of the phone line asked not to be shown therein) both by paper and by electronical means will be included automatically into the Register (currently it was not possible to register such lines into the Register because the lines were not on the phone directories).
• The data subject registered in the Register can withdraw their registration entirely or towards only one or more parties, also within fixed periods.
• It is prohibited to communicate, disseminate or transfer data subjects' personal data, registered within the Register, to third parties for the purpose of marketing and commercial communication of the activities, products and services not provided by the data controller.
  

Concerning the management of the Call Center activities, the D.D.L. no. 2603-B provides, among several legislative news:

• It is mandatory to identify the calling number: the call center will use two codes/specific prefixes - identified by the Italian Authority for the Communication (AGCOM) within 90 days by the date of the entry into force of the D.D.L. no 2603-B. Such codes/prefixes will allow distinguishing callings received for the purpose of statistic activities from those with the purpose of marketing activities (including market research, sales and commercial communication). The call center has to require the codes/prefixes within 60 days from the publication of the AGCOM Decision, or the call center can make available the numbering line to which it is possible to contact the call center.
• It is prohibited to use the dialer for the automatic research of telephone numbers, including phone numbers not included within the phone directories.
• It is mandatory to screen monthly, and in any case, before carrying out any phone marketing campaign, the list of contacts against the Register in order to verify the registration of landline and mobile numbering and of the landline utilities not published in the phone directories. The payment of a fee for the consultation of the Register remains in force.
• It is required to communicate to the administrator of the Register any landline numbering, known by the call center, not published in the phone directories.
• The data subjects must be granted with the right to object as set out under the Legislative Decree 196/2003 (i.e. the GDPR after 25 May 2018).
• In case of breach of the right to object or breach of the obligation set forth into the new Law, the call center can be subjected to penalties, as appropriate, provided in the Legislative Decree 196/03. In addition, sanctions as interruption or termination of the licence for the business activity may apply.
• In case of breach, the jointly liability of the data controller with the third party, to whom it has assigned the call center activities, is confirmed.

We are at your disposal for any clarification you may have on this matter.