On June 6, 2024, the Plenary of the Congress of the Republic approved the bill that amends Article 58.1. e) of the Consumer Protection and Defense Code to prohibit the sending of unwanted communications (spam) (Bills No. 2942/2022-CR, 3131/2022-CR and 3541/2022-CR). The Plenary exempted the bill from a second vote. The approved law will be sent to the President of the Republic for its promulgation, in case the Executive does not make any observations.
Said bill incorporates as a prohibited commercial practice the use of call centers, telephone call systems, sending text messages to cellular phones or mass electronic messages to promote products and services, as well as providing telemarketing services to any consumer. It will only be possible to send commercial or advertising communication to consumers who, on their own initiative, have contacted the supplier directly and have expressed their consent to be contacted through a telephone number, e-mail address or any other similar means of communication.
The consent must be given in accordance with the requirements provided for by the legislation on the protection of personal data. Consent may also be revoked, with immediate effect and without expression of cause, at any time and in accordance with the aforementioned regulations.
It should be noted that the Regulation of the Personal Data Protection Law already provides that, in case of revocation, it is the obligation of the person processing the personal data to adapt the new processing to the revocation and the processing that was in process, within the term resulting from a diligent action, which may not exceed five days.
For further information, please contact Ximena Aramburú (xaramburu@estudiorodrigo.com), Francisco Baldeón Vellon (fbaldeon@estudiorodrigo.com), Daniela Supo (dsupo@estudiorodrigo.com) and/or Jose Govea (jgovea@estudiorodrigo.com).
