On July 26, 2023, the Italian Communications Authority (AGCOM) took a significant step to protect Italian consumers. With the approval of Resolution No. 197/23/CONS, a new Code of Conduct was introduced to more strictly regulate teleselling and telemarketing activities in Italy.
But what does this mean for consumers who receive promotional calls on a daily basis? And how has the way companies can contact them changed?
Key Updates to the Code of Conduct for Teleselling and Telemarketing
In recent years, many consumers have experienced an increase in promotional calls. Aware of this situation, AGCOM decided to intervene.
The primary goal is to protect consumers from aggressive commercial practices, which are often not transparent, while ensuring that companies can continue to operate ethically and respectfully.
Clarity and Transparency in Calls
One of the central issues concerns calls from unknown or masked numbers. The new Code of Conduct introduces the ban on altering the calling number (CLI).
In simple terms, companies can no longer hide or change the number from which they call. This makes it easy for recipients to recognize who is contacting them, allowing them to decide whether to answer or not.
Responsible Use of Contact Lists
The Code establishes that call centers must use contact lists that have been lawfully obtained, complying with privacy regulations. This means that consumers will only receive calls if they have provided their consent to be contacted for promotional purposes.
Commercial Partners Under Scrutiny
Companies that collaborate with external call centers (known as commercial partners) must ensure that they follow the same rules.
Commercial partners must be registered in the Register of Communication Operators (ROC) and adhere to the Code of Conduct. This ensures that all parties involved operate according to shared ethical standards.
Training and Monitoring
Companies are responsible for the training of call center staff, ensuring that operators are well-prepared and knowledgeable about the regulations.
Additionally, companies must constantly monitor the activities of their commercial partners, implementing disciplinary measures in case of violations.
What Does the New Code of Conduct Mean for Consumers?
In practical terms, the objectives of the Code of Conduct are:
- Fewer Promotional Calls: The requirement to obtain consent and use compliant contact lists is designed to reduce the volume of unwanted calls.
- Greater Transparency: By knowing who is calling and why, consumers can make more informed decisions about how to handle these interactions.
- Protection of Personal Data: Companies must handle personal data with greater care, complying with privacy regulations.
Penalties for Call Centers That Violate the Code
To ensure the effectiveness of these new rules, a Technical Committee coordinated by AGCOM has been established. This body will be responsible for monitoring the implementation of the Code, updating it as necessary, and promoting collaboration between all parties involved.
What happens if a company fails to comply with these rules? The Code outlines several penalties:
- Formal Warning: The company is officially notified of the violation and asked to correct its behavior.
- Monetary Penalties: In cases of persistent violations, fines may be imposed as prescribed by law.
- Publication of Names: AGCOM will publish on its website the list of companies adhering to the Code, increasing transparency and allowing the public to know which companies operate ethically.
Why This Regulatory Change?
This regulatory intervention is also aimed at protecting consumer privacy. In today’s world, personal information is a valuable asset, and its protection is crucial.
For companies, this represents an opportunity to rebuild trust with consumers. By operating transparently and adhering to the new rules, they can stand out positively and improve their reputation.
It will be interesting to see how these regulations will impact the landscape of commercial communications in Italy in the long term and whether call centers will be affected. In this regard, the ongoing updates to the Code through the Technical Committee will ensure that the rules stay up to date, adapting to new technologies and emerging needs.