As explored in the previous article, the Public opt-out registry (RPO – Registro pubblico delle opposizioni) is a tool established to protect the privacy of Italian telephone users, allowing them to express their wish not to receive advertising calls. It is regulated by a series of regulations that provide for significant penalties for companies and professionals who do not comply with these provisions.
Let’s look at the features, procedures, current regulations, and legal consequences for those who violate the rules.
The Public opt-out registry (RPO – Registro pubblico delle opposizioni) was established by Law 2/2010 and subsequently updated with the Presidential Decree No. 178 of September 7, 2010. Its purpose is to allow Italian citizens to exclude their phone number from the lists used for telemarketing calls. The register is managed by the Ugo Bordoni Foundation, a research entity operating under the supervision of the Ministry of Economic Development.
Reference legislation
The regulatory framework related to the Public opt-out registry (RPO – Registro pubblico delle opposizioni)is complex and based on various
legislative texts, including:
- Law 2/2010: Establishing the register.
- Presidential Decree No. 178/2010: Implementing regulation of the law.
- Code on the protection of personal data (Legislative Decree No. 196/2003): Also known as the Privacy Code.
- General Data Protection Regulation (GDPR): European regulation that harmonizes the protection of personal data throughout the European Union.
Obligations for telemarketing companies
Companies operating in the telemarketing sector are required to consult the the Public opt-out registry (RPO – Registro pubblico delle opposizioni) and respect the will expressed by registered citizens. In particular, companies must:
- Regularly update their lists: Periodically verifying the numbers present in the RPO.
- Obtain explicit consent: To contact numbers not registered with the RPO or those that have given specific consent for promotional purposes.
- Adequately inform users: About the methods of registration to the register and their rights regarding personal data protection.
Penalties for violating thePublic opt-out registry (RPO – Registro pubblico delle opposizioni)
Penalties for those who violate the provisions of the RPO are severe and can include:
- Administrative fines: Ranging from a few thousand to several hundred thousand euros, depending on the severity of the violation and the number of calls made. The administrative pecuniary sanction can reach up to 20 million euros or, for companies, up to 4% of the total worldwide annual turnover of the previous financial year, whichever is higher.
- Criminal penalties: In the most serious cases of recidivism or systematic violations, criminal penalties can be applied, including arrest or imprisonment.
- Civil compensation: Users who suffer damage due to unwanted calls can request financial compensation for the damages suffered.
Examples of violations and applied penalties
In recent years, several companies have been sanctioned for not complying with the RPO rules. Here are some significant examples:
- Fine to a large telecommunications company: A major company was fined over 1 million euros for contacting numerous users registered with the RPO without their consent.
- Penalties to a marketing company: A marketing company received a 500,000 euro fine for not consulting the register before making calls.
- User complaints: In some cases, users have filed individual complaints, obtaining compensation for moral and material damages suffered.
How to Report Violations
Users who receive unwanted calls from numbers registered with the RPO can report the violation through various channels:
- Data Protection Authority: Filing a formal complaint.
- Public opt-out registry (RPO – Registro pubblico delle opposizioni): Reporting the violation directly through official contact channels.
- Judicial authority: In more serious cases, a complaint can be filed with the competent authorities.
Impact of Sanctions on Companies
Sanctions for violating the RPO not only have a significant economic impact but can also damage the reputation of the companies involved. Companies that do not comply with privacy regulations risk losing consumer trust and suffering a reputational damage that can negatively affect their business in the long term.
The current regulations and the penalties for violations are designed to ensure a high level of protection and to discourage improper behavior by telemarketing companies. It is essential for companies to comply with these rules to avoid severe penalties and maintain a trusting relationship with their customers.
Appendix: Regulatory insights and procedures
A.1 Law 2/2010
Law 2/2010, published on January 4, 2010, established the Public opt-out registry (RPO – Registro pubblico delle opposizioni), aiming to regulate telemarketing activities and protect consumers from unwanted calls. The law defines the rights of users and the obligations of telemarketing companies.
A.2 Presidential Decree No. 178/2010
This decree, promulgated on September 7, 2010, establishes the operational procedures for managing the RPO and for consulting the register by telemarketing companies. The decree also specifies the procedures for registration, cancellation, and updating of data in the register.
A.3 Code on the protection of personal data (Legislative Decree No.
196/2003)
The Privacy Code, amended several times over the years, represents the main regulatory reference for personal data protection in Italy. The code regulates the use of personal data by companies and establishes the rights of users in terms of privacy.
A.4 General Data Protection Regulation (GDPR)
The GDPR, effective since May 25, 2018, harmonizes personal data protection laws across the European Union. The regulation introduces fundamental principles such as transparency, security, and accountability in the processing of personal data, also applicable to telemarketing activities.
Future implications and recommendations
B.1 Regulatory evolution
With the evolution of technologies and marketing practices, it is likely that the regulations related to the Public opt-out registry (RPO – Registro pubblico delle opposizioni) will continue to evolve. Regulatory authorities may introduce new provisions to address emerging challenges, such as the use of artificial intelligence and algorithms for telemarketing activities.
B.2 Consumer awareness
It is essential to increase consumer awareness regarding their rights and the methods of registration with the RPO. Informative and educational campaigns could be implemented to reach a wider audience and encourage greater participation in the register.
B.3 Best practices for companies
Telemarketing companies should adopt best practices to ensure compliance with privacy regulations. These include:
- Staff training: On privacy and data protection topics.
- Regular audits: To verify compliance with regulations.
- Implementation of consent management systems: To track and respect user preferences.
Conclusion
Compliance with the regulations related to the Public opt-out registry (RPO- Registro pubblico delle opposizioni) is essential for protecting consumer privacy and ensuring the proper functioning of the telemarketing market. The penalties provided for violations are an effective deterrent, but it is crucial that companies adopt a proactive and responsible approach to managing personal data. Only through a shared commitment will it be possible to guarantee a balance between marketing needs and consumer rights.
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