Spain: Opened Consultation by AEPD on draft Circular on unsolicited commercial calls

On 26 April 2023, the Spanish Data Protection Authority (AEPD) opened a public consultation on a draft Circular on unsolicited commercial calls until 22 May 2023. Specifically, the Circular is intended to regulate the application of Article 66.1.b) of the General Telecommunications Law 11/2022. The Article specifies the right of users not to receive unwanted calls for commercial purposes without either prior consent or the existence of another legitimate interest. The Circular aims to clarify when such a legitimate interest is established: for example, if there is a previous contractual relationship between the commercial entity and the user, the user's data was lawfully obtained, and the products in question are similar to those that were subject to the initial contract.