On 15 September 2021, the Chamber of Deputies approved an amendment to the government’s draft of Electronic Communications Act, the effects of which are expected as of 1 January 2022. This long-awaited amendment will have a major impact on website operators and areas such as digital marketing, ad personalisation and e-mail marketing. With the upcoming effectiveness of the amendment, we recommend starting with the preparations for the upcoming changes.
The change in the law will affect not only websites but also telemarketing (the use of phone numbers or other identifiers), for which an opt-in regime will also be required. Thus, telemarketing calls will require the prior express consent of the user of the telephone number and/or electronic address to be obtained for such contact. Where operators already hold contact details, they must inform recipients of the change in the law and request consent for their further use. If they do not obtain consent for telephone solicitation within six months of obtaining the telephone number, they cannot continue to do so. This also applies to randomly generated telephone numbers.
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