Promotional SMS and calls are blocked - A registry is being set up that "gathers" companies and citizens. How will it work?
Promotional messages, phone calls and emails from companies in the country that offer various services and or sell products to citizens, without giving their approval, have become a serious concern for the latter, regarding the misuse of personal data, which they have provided for a specific reason. Recently, this marketing is also done through various communication applications, such as WhatsApp, Viber, Telegram, etc.
These communications are also widely used during election campaigns by political entities and various citizens. As a result, the number of complaints from citizens to the Office of the Commissioner for the Right to Information and Personal Data Protection on this issue has also increased.
To address this concern, but also to precede the election campaign, the Ministry of Economy, Culture and Innovation has submitted for consultation the draft law: "On the Creation of the Register of Unsolicited Commercial Communications", which identifies several important elements that lead to the solution of this problem, through the creation of a register of unsolicited commercial communications.
But how will this registry work?
The Registry is a tool created by law which enables its administrator (the Commissioner's Office) to interact with service providers who, in terms of personal data protection legislation, are treated as controllers.
This Register will identify every service provider who carries out promotional activities in the course of their work, and on the other hand, all persons who, with their consent, do not wish to be part of unsolicited commercial communications in cases where they are notified of various promotional offers or other information.
In this context, every service provider, before using data obtained from the public register for the exercise of promotional activity, is obliged to access the Register in order to consult the list of persons who have given their consent not to receive unsolicited commercial communications.
A commercial entity that makes telephone calls or any other means of communication for marketing and advertising purposes is obliged to: pay the fee for initial registration in the Register; pay the fee for access to the Register; access the Register before making commercial communications to individuals; after accessing the Register, remove from the contact list all the numbers of individuals who are registered in the Register of Unsolicited Commercial Communications. While citizens register in this register for free.
The draft provides for administrative offenses and sanctions in case of non-compliance with this law.
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