The phone rings at lunchtime: an offer to switch electricity supplier, then one for fibre broadband, then a silent call. Aggressive telemarketing is one of the most common privacy intrusions, and one of the most frustrating, because the numbers keep changing. Effective tools do exist, though, if used correctly and in combination.
The basic rules
Processing data for telemarketing is governed by the GDPR and, specifically in Italy, by Article 130 of the Personal Data Protection Code, which deals with unsolicited communications. In short:
- automated calls without an operator, text messages, emails and app messages for commercial purposes generally require prior consent;
- operator calls to numbers listed in public telephone directories are instead subject to the opt-out system through the register;
- in every case you have the right to object to direct marketing at any time, without giving reasons, under Article 21 GDPR.
There is an exception known as "soft spam": Article 130 allows a company to send promotional emails about products or services similar to those you have already bought, using the address you provided, as long as you are informed and can easily object in every message.
The public opt-out register
Italy's Registro pubblico delle opposizioni is a free public service, run on behalf of the competent ministry by the Fondazione Ugo Bordoni. Law no. 5 of 11 January 2018 and its implementing regulation extended it to all numbers, including mobiles and landlines not listed in directories.
How to sign up
You can register in several ways, including the online form on the register's website, a call from the number to be registered to the dedicated line, an email or a registered letter. Several numbers belonging to the same person can be registered.
What it does
- Telemarketing operators must check the register before campaigns and not call registered numbers.
- Registration revokes consents to telemarketing given previously, except those given to a specific operator after registration.
- You can renew your registration: it is worth doing after unintentionally giving consent in online forms or prize draws.
What it does not do
The register does not technically block calls. It works when operators respect it; with those who ignore it you need the other tools described below.
Objecting directly to the company
When you receive a call, always ask on whose behalf it is being made. The operator must give you that information. Then:
- tell the operator you object to any further sales contact;
- write to the commissioning company, at the address of the controller or Data Protection Officer in its privacy notice, exercising the right to object under Article 21 and the right of access under Article 15;
- through the access request you can ask where the company got your number: this is how you trace purchased lists or consents given without realising.
How to keep a record of calls
An effective complaint rests on precise data. Keep a simple log.
| Date and time | Calling number | Company stated | Product offered | Notes |
|---|---|---|---|---|
| 12/03, 13:05 | Number displayed | Energy supplier X | Switch electricity contract | Objection already stated |
| 14/03, 19:40 | Different number | Not stated | Fibre broadband | Hung up after the question |
A log like this, together with the written messages you sent, is the basis for a complaint to the data protection authority under Article 77 GDPR.
Tools on your phone
Alongside legal tools, your phone offers practical defences:
- blocking numbers after an unwanted call;
- filtering calls from unknown numbers or those flagged as spam, available on many smartphones;
- reporting nuisance numbers through the operating system or phone app.
These tools do not replace the register and objections, because calling numbers change often, but they reduce the day-to-day disruption.
Beware of hidden consents
Many calls stem from consents given unknowingly: online prize draws, quote request forms, free apps. Before submitting a form, check for boxes about passing your data to third parties for commercial purposes. They are optional and you can leave them blank.
In short
- Article 130 of the Italian Privacy Code requires consent for automated calls, texts and commercial emails, with the soft-spam exception for existing customers.
- The public opt-out register is free, covers mobiles too and revokes earlier telemarketing consents.
- Always ask who the call is on behalf of and write to the company to object and find out where it got your number.
- Keep a log of calls: it is the basis for a complaint to the authority.
- Avoid consenting to your data being passed to third parties in online forms.