I imagine that most of us have at least once saved a number in our phone with the name "Spam" or blocked the number altogether to tackle the onslaught of calls from people trying to sell us something.
I also imagine that you, as an entrepreneur, don't want your company to have the reputation of being one of "those" companies.
However, as we will see in this article, although Advertising Exclusion Lists (such as the new Stop Advertising List and the famous Robinson List) exist to reduce the number of "those" companies, the best way to respect the privacy of your contacts and data protection regulations and avoid sanctions for unwanted advertising is to only send marketing communications to customers and those who have given their explicit consent.
Written by Abigail Sked
Paralegal
What is the new Stop Advertising List (Lista Stop Publicidad)?
The Stop Advertising List, like the famous Robinson List, is a voluntary advertising opt-out system that allows individuals to sign up for free to avoid receiving unwanted commercial communications, and it was launched on the 31st of January 2025. Once 30 days have elapsed since registration, companies are prohibited from sending advertising to registrants via telephone, SMS, e-mail or other means. This mechanism offers users control over the commercial communications they receive, contributing to the protection of their privacy and compliance with current data protection regulations.
How can companies consult the Stop Advertising List?
Those who intend to carry out direct marketing communications must first consult the advertising exclusion systems that may affect their actions, excluding from the processing the data of those affected who have expressed their opposition or refusal to it. To consult the Stop Advertising List, companies must register on the official platform and contract the corresponding service. Once they have signed up, they can access the web application provided by the Spanish Association for Digital Privacy, where they will compare their marketing lists with the Stop Advertising List. This online comparison process identifies matches, allowing companies to exclude from their campaigns those subscribers who do not wish to receive marketing communications. The Stop Advertising List is not downloaded; instead, companies upload their own files to perform the comparison and obtain the relevant results.
Does a contact’s registration on an advertising exclusion list mean a total ban on commercial communications?
No, even if a person has signed up to one of these lists, you can still send them marketing communications (such as newsletters), if they are a client of yours and the communication relates to products or services of yours that are similar to those they have previously purchased, or if they have given you their consent to receive advertising from your company. However, of course, if they exercises their right to object to the processing of their data for this purpose, you must respect that.
Does your business activity revolve around marketing? You may be required to hire a data protection officer:
HOW THE DATA PROTECTION officer WORKS IN SPAIN
Focus on clients and consent, and you can't go far wrong
These days, electronic communications (emails, Whatsapps, etc.) and phone calls make up a large percentage of marketing communications, and the circumstances under which these communications can be carried out are already regulated by law. So, if you follow these rules, you should know already that you are only communicating with people that you are allowed to, before you even consult the Lists. Let's take a look at the law:
Electronic communications
Law 34/2002, of July 11, 2002, on information society services and electronic commerce.
- The sending of advertising or promotional communications by electronic mail or other equivalent means of electronic communication that have not been previously requested or expressly authorised by the recipients thereof is prohibited.
- The provisions of the previous paragraph shall not apply when there is a prior contractual relationship, provided that the provider has lawfully obtained the recipient's contact details and uses them to send commercial communications relating to products or services of his own company that are similar to those that were initially contracted with the customer.
This means that if you have been granted consent to send marketing emails/messages/etc. or if you have lawfully obtained your customer's contact details and are contacting them regarding services/products related to those they already contracted, then you're acting within the law.
Minimum content of the electronic communication
- Clear identification that it is a commercial communication.
- Clear identification of the identity of the company or person sending the communication or on whose behalf the communication is being sent.
- In the case of promotions (discounts, prizes, gifts, contests, etc.), clear and accessible inclusion of the conditions for entry and participation.
- A simple and free mechanism for the recipient to object to the processing of their data for promotional purposes.
- If the communication is sent by e-mail, inclusion of a valid electronic address through which the right to object can be exercised.
- No links to websites that do not comply with current legislation.
Telephone calls
Law 11/2022, of June 28, General Telecommunications.
- End-users of publicly available number-based interpersonal communications services shall have the following rights with regard to the protection of personal data and privacy in relation to unsolicited communications:
- (a) not to receive automated calls without human intervention or fax messages for the purpose of commercial communication without having given their prior consent to do so;
- b) not to receive unwanted calls for the purpose of commercial communication, unless there is prior consent from the user to receive this type of commercial communication or unless the communication can be supported by another basis of legitimacy among those provided for in Article 6.1 of Regulation (EU) 2016/679 on the processing of personal data.
Again, you already shouldn't be making marketing phone calls unless you have the contact's consent to do so or you can otherwise legitimise it, and the AEPD has stated that you can legitimise it if:
- The contact is a current or former client of yours and no more than 1 year has passed since their last request to or interaction with your company,
- You legally obtained the contact details from the client themselves, and
- The marketing communication is related to services or products of yours which are similar to those originally contracted by the client.
Minimum content of the telephone call
At the beginning of each call you must inform the contact of the identity of the company or person on whose behalf you are calling, indicate the commercial purpose of the call and the possibility of revoking consent or exercising the right to object. Calls should be recorded as a means of demonstrating compliance with personal data protection regulations.
WHAT IS THE GENERAL DATA PROTECTION REGULATION (GDPR) AND HOW DOES IT AFFECT ME?
Corporate groups
Bear in mind that if you want to communicate with the contacts of another member of your corporate group for marketing purposes, that member must first obtain consent from their contact in order to share their contact details with you for that purpose. Consent given to one member of a corporate group does not equal consent to all.
Summary
The recent launch of the Lista Stop Publicidad serves as an important reminder to companies of their responsibilities to protect the privacy and personal data of their contacts when conducting marketing campaigns. Although those who intend to send direct marketing communications must first consult the advertising exclusion systems published on the AEPD website, the AEPD also notes, in its advice to individuals that "even if you have signed up for these opt-out lists, marketers may still send you advertising for their products or services if you are a customer or if you have given them your consent." Therefore, it is of utmost importance that you follow the above rules regarding the recipients and content of your communications.
If you need advice on how to comply with data protection regulations in your marketing campaigns, at CONESA LEGAL we are here to help you. Contact us and we will ensure that your company confidently operates within the legal framework.
data protection advice for companies
