The telemarketing sector in Italy could undergo a decisive change with the introduction of Bill A.C. 1316, currently under discussion in the Chamber of Deputies. Among the various proposed measures, the consent records system stands out as one of the most controversial, with many experts fearing it could penalize legal call centers, leaving room for fraudulent practices.
The introduction of a mandatory consent records system could limit the activities of outbound call centers that already operate within the law, while illegal call centers, which often disregard regulations, could continue to operate without interference.
This measure, although intended to improve transparency and protect user privacy, risks creating a paradox where those who follow the rules are penalized, while those who break them benefit.
What Bill A.C. 1316 Proposes
The Bill A.C. 1316 was introduced on July 18, 2023, with the aim of updating and strengthening the regulations for call centers, a sector particularly exposed to unfair commercial practices and offshoring. One of its main provisions is the establishment of consent records, which requires companies to obtain explicit authorization before contacting consumers for telemarketing activities.
According to the proposal, companies operating in the call center sector will be required to adhere to strict rules regarding the handling of personal data, in line with the General Data Protection Regulation (GDPR). The records will be a central archive where consumers’ consents are collected and verified, ensuring that only those who have given permission can be contacted for telemarketing purposes.
This measure is intended to protect citizens from unwanted calls and to ensure that their personal data is not used without consent. However, critics of the law argue that the introduction of consent records could pose challenges for companies that already operate legally and comply with existing regulations.
The Boomerang Effect on Legal Call Centers
Call centers that operate within the law may face new challenges with the introduction of consent records. Obtaining valid and verifiable consents could become a complex and costly process, drastically reducing the effectiveness of telemarketing campaigns. This presents a serious issue for companies that rely heavily on telemarketing and contact list management.
Experts predict that the introduction of the records could lead to a significant drop in the number of contacts available for telemarketing activities. Obtaining explicit consent from consumers will require an investment of time and resources that not all companies can afford. Moreover, the collection and management of these consents must be meticulously documented to avoid administrative penalties.
For small and medium-sized enterprises in the sector, which often operate with already thin profit margins, this could result in unsustainable financial losses. The added cost of managing consents could push some companies out of the market, with negative consequences not only for the industry but also for workers employed in call centers.
A Paradox: Will Illegal Call Centers Benefit?
The significant paradox associated with Bill A.C. 1316 is that it could benefit illegal call centers. While companies operating legally will face stricter rules and higher costs to comply with the consent records system, call centers that ignore the regulations could continue their activities without any restrictions.
In fact, many of the illegal practices linked to telemarketing do not rely on compliance with privacy regulations. Illegal call centers often use fraudulently obtained data or data without user consent, and they are likely to continue doing so even after the records are introduced. This could create a distorted market, where honest companies are forced to compete with illegal operations that are not subject to the same rules and restrictions.
Other Key Features of the Call Center Bill
Offshore Activity Regulation
The bill also introduces stricter regulations for offshoring call center activities abroad.
In the case of relocating activities outside Italy, companies will be required to notify their decision at least 120 days in advance and to communicate the measures taken to ensure compliance with Italian regulations, particularly in terms of personal data protection.
The penalties for non-compliance with these provisions will be particularly severe, with fines reaching up to €75,000. This regulation could reduce the offshoring phenomenon, which has contributed to the loss of numerous jobs in Italy in recent years.
Social Clause and Job Stability
Another important new feature is the adoption of the so-called social clause, which aims to safeguard jobs in the event of changes in service contracts for call centers. In practice, workers involved in a contract that is transferred to a new operator must be absorbed by the latter, thus ensuring employment continuity.
The social clause is particularly important in a sector like call centers, where changes in contracts are frequent and often lead to job losses. If approved, this measure could offer greater security to workers, reducing the precariousness that has historically characterized the sector.