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Pubblicità al Telefono. Le Aziende Rispettino le Regole

penalties are likely 30,000 to € 300,000

companies and call centers, using the exemption period until December 31, 2009 decree by the so-called "Milleproroghe" connects people to do promotion and commercial offers should only use databases made on the basis of previous directories 1 August 2005. They can not use the derogation period to ask for your consent for further contact or can transfer the data using a third party.

With measure that will be published in the Official Gazette, the Guarantor for the privacy set out the rules that will follow the companies that perform marketing activities in using the data of subscribers.

The decree "Milleproroghe, recently enacted into law, states that the phone numbers and addresses in databases set up on the basis of old telephone directories are used for promotional purposes until December 31, 2009 by those that created these databases prior to August 1, 2005.

The provision of the Guarantor intends to rigorously clarify the limits within which companies engaged in promotional activities through the call center can also use the derogation. Failure to comply with the measure contains an administrative penalty ranging from 30 000 to 180 000 € and, in severe cases, can reach up to 300 000 €.

Customers must first adequately documented in the database, set up phone numbers and addresses of subscribers, was actually created before August 1, 2005. The company will use this data directly and can not sell them in any way to other companies.

Operators telephone subscribers will have to specify for each contact as a company call and remind those concerned of their rights. But above all, should be reported immediately to the possible opposition of the subscriber to be contacted again. The user does not wish to be disturbed shall have the right to know the network operator to whom he communicated his will.

The data contained in the databases will be used for promotional purposes only and may not in any way be used to acquire new information or the consent of the subscribers to make named after the date of December 31, 2009. This would in fact constitute the new databases, going beyond the purposes prescribed by law and by extending the deadline beyond the effects of the temporary exemption.

companies that perform marketing activities must disclose to the Guarantor within 15 days of publication in OJ, to be in possession of databases made before August 1, 2005 and to want to use for promotional activities. Should clarify whether treatment data are also carried out for third parties.