All posts by Laura Liguori

Italy is facing a “revolution” in the phone marketing field. Last week a new law passed providing for the “opt-out” principle as regards phone calls for direct marketing purposes. This is not the same law as the one we commented few months ago. It is very similar though, and the result is the same: no more opt-in for calls to phone numbers included in public directories and having marketing purposes; a register of opt-outs (a Robinson list) in which data subjects shall have to enrol in order not to receive marketing calls. As already mentioned, there are many discussions within experts, operators and consumers’ associations. The Data Protection Authority issued a press-release in which it expressed “concern” about the existence of a Robinson List which would encumber data subjects with additional obligations. The register would be managed by a non-identified “public body” having “competence in the field”, while supervision and control over … Continue Reading ››
A new bill concerning the regulation of direct marketing was submitted to the Italian Deputies’ Chamber on May, 27 2009. The current regulation on the relevant matter, which is provided within the Data Protection Code (D. lgs. 196/2003), is based on the “opt-in” principle, according to which it is forbidden to carry out any direct marketing initiatives without the prior explicit user’s consent. Such rigid “opt–in” system causes huge problems either to users and to undertakings: users continue to receive unsolicited marketing communications, while businesses are stuck as they have difficulties in proving that consent has been given lawfully. The new bill, according to EC Directives 95/46 and 2002/58, which left to Member States the freedom to choose either the “opt–in” or the “opt–out” systems, amends the Data Protection Code and provides for an “opt–out” principle based on the … Continue Reading ››