In recent years, telemarketing has become an increasingly regulated sector, aiming to protect consumers from invasive and harassing practices. In this context, the Legislative Decree of March 24, 2024, No. 48 introduces amendments to the Electronic Communications Code, defining new sanctions for outbound call centers that do not comply with the regulations. Let's explore what this entails, the risks for companies in the sector, and how to adapt to the new provisions.
The New Regulations for Telemarketing in Italy
The Legislative Decree No. 48/2024 represents an update to previous provisions, particularly the Legislative Decree of November 8, 2021, No. 207, which implemented the European Directive (EU) 2018/1972. This decree imposes stricter control measures and hefty fines for violations in the field of electronic communications and telemarketing.
Why Was an Update to the Regulations Necessary?
The increasing spread of harassing practices by call centers, such as repeated and unauthorized calls, prompted legislators to intervene.
The new decree aims to protect users from these activities, offering greater control to competent authorities, such as AGCOM (Italian Communications Authority) and MIMIT (Ministry of Enterprises and Made in Italy).
The Main Provisions of Legislative Decree No. 48/2024
The new regulations introduce a series of obligations and sanctions for those engaging in telemarketing or teleselling activities without adhering to the rules. Among the main provisions are:
- Limitations and Blocking of Numbers: AGCOM can impose blocks on numbers used for fraudulent or harassing practices.
- Administrative Sanctions: Companies violating the provisions of the Electronic Communications Code risk fines ranging from €50,000 to €1 million, depending on the severity of the infractions.
- User Identification: Obligations for transparency and user identification have been introduced for call centers operating in Italy.
Sanctions for Call Centers That Violate the Rules
Sanctions are one of the most significant aspects of the decree. According to Article 30 of the Electronic Communications Code, call centers making repeated and harassing calls risk particularly hefty fines, especially if they operate with falsified numbers (a practice known as "spoofing").
Sanctions for Harassing Calls
Specifically, Article 98-decies states that call centers making improper use of phone numbers or conducting unauthorized calls can be punished with administrative sanctions. Fines range from €3,000 to €15,000, plus additional penalties in cases of repeated or particularly serious violations.
Possibility of Reduced Payment
The decree also provides for mitigation measures: offenders may opt for reduced payment of the fine within 60 days, equal to one-third of the maximum stipulated amount. However, in cases of serious or repeated violations, this option will not be available.
User Protection and the Public Objections Register
In addition to strengthening sanctions for call centers, the decree aims to further protect consumers. Since 2022, the Public Objections Register allows Italian citizens to block unwanted promotional calls. However, the new regulations specify that call centers located abroad are not subject to these restrictions, complicating effective user protection.
How Does the Public Objections Register Work?
The Public Objections Register allows users to register their number and refuse marketing calls. However, many unwanted calls continue to be made through spoofing practices, making it difficult to track call centers operating illegally.
Responsibilities of Call Centers and Compliance Procedures
To avoid sanctions, call centers must adopt specific compliance measures. These include:
- Identification of Calling Numbers: Call centers are required to make their identity transparent, preventing the use of camouflaged numbers.
- Documentation of Consents: Companies must retain written proof of the user's consent for promotional calls.
- Respecting Call Times: Limits have been established on calling hours, avoiding contacts at inappropriate times.
Consequences for Non-Compliant Call Centers
Call centers that do not adhere to these measures risk not only hefty fines but also suspension of operations in cases of repeated violations. The decree also provides for periodic checks by competent authorities to verify compliance with the rules.
How to Adapt to the New Telemarketing Regulations
The new regulations represent an important step forward in the regulation of telemarketing in Italy, aiming to protect consumers and improve the sector's image. Call centers must quickly adapt to avoid sanctions and ensure a service that respects user privacy.
To stay compliant, it is advisable to:
- Train staff on updated regulations.
- Implement a consent tracking system.
- Maintain a transparent relationship with clients, ensuring that calls are made only with their consent.
Complying with these regulations not only reduces the risk of sanctions but also helps build a more positive and transparent relationship with the public.