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The Italian “Do-not-call” – 1

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The Italian “Do-not-call” – 1

The official gazette of March 29, 2022 (no. 74) – the editorial body that publishes with official value the regulations of the Italian Republic – has published the long-awaited regulation of the Italian “Do Not Call” Register (Registro Pubblico delle Opposizioni).

The Italian Do-not-call Register was introduced in 2010 and, originally, was designed to collect the registrations of the numbers of subscribers to the public telephone directory, through which the same subscribers intended to express their opposition to receiving marketing or market research calls.  

Later on, the Register has undergone changes that have broadened its scope of application.  

The current “new” Do-not-call Register applies to all telephone numbers, without distinction of any kind, as well as to postal addresses included in contractors’ directories. The new service will be active by July 27, 2022 on completing the preparatory activities for its activation; it will still be managed by Fondazione Bordoni on behalf of the Ministry of Economic Development.

The new Italian do-not-call Register
Highlights of the Italian Do-not-call reform.

Application Scope

Now, the “new” Register covers:   

  • any national telephone number (whether or not in the public directory)  
  • the postal addresses published in the public directory of contractors  
  • telemarketing activities carried out on one’s own account or on behalf of third parties (through outbound call center services) as well as advertising activities using paper mail. 

Registration in the RPO entails the opposition to the processing of data for the purposes of   

  • sending advertising material,   
  • carrying out direct sales   
  • carrying out market research or sending commercial communications.  

When in the body of the text, with reference to the Do-not-call Register, the purpose of marketing is indicated, this expression is to be understood in the sense of including also the further purposes related to it.

 

Overall summary of the reform

he new provisions will be actually operational after 120 days have elapsed from the date of the publication of the Regulation (i.e. by July 27, 2022), so that the technical and operational procedures for registration with the Register by contractors and verification of contact lists by operators can be set up and activated.

Extension to all telephone users

The Do-not-call Register is preparing to “host” the registration of all telephone numbers, not only the ones published in the public list of contractors but also those of mobile phones (art. 1, paragraph 2).  

  • those of cell phones (art. 1, paragraph 2)  
  • those not on the list (art. 1, paragraph 3, l. no. 5/2018).

Inclusion of automated or unattended calls

The registration of a telephone number in the Register results in the withdrawal of the consent given by the contracting party previously regarding the making of automated or unmanned calls for marketing purposes or equivalent.

As a result, controllers who intend to carry out advertising campaigns using these methods are obliged to register with the Do-not-call Register and consult it before each campaign in order to “normalize” their contact lists with those of the Register.