The Robinson List works!
The Robinson List works!
What is the Robinson List?
The Robinson List is well known and perhaps for many the answer is obvious, but in view of the sanctions imposed it seems that not everyone is clear.
The Robinson List is a free and voluntary advertising exclusion system, and avoids receiving advertising by telephone, mail, e-mail and instant messaging.
Who can join this List?
Anyone who does not want to be bothered can register on this list, which must be reviewed by companies before starting their advertising campaigns aimed at attracting potential customers.
In the case of persons under 14 years of age, it will be necessary that the registration be made by the parents or guardians.
Where can I register?
You can register online at the following link: https://www.listarobinson.es/
The process is voluntary and free, and the registration will be effective in 2 months from the completion of this, so that companies in that period of time can send you advertising without violating the protection that gives you to be part of this Robinson List.
If you want to advertise, keep this in mind
In order to make commercial telephone calls, you must comply with the requirements of the General Telecommunications Law and the Circular of the Spanish Data Protection Agency. Consult here the requirements, although we advance you something that will be very useful:
Telephone calls
–You will be able tomake commercial calls to your customers, to offer them products and services related to those purchased or contracted.
–You cancall exclients as long as their relationship has been terminated within the last year.
–You cancall companies and contact the responsible company to offer products and services for the company, but never personally.
–You cancall freelancers to offer them products and services related to their professional activity, but never in a personal capacity.
–Getthe consent of the people to whom you want to send commercial offers and you will be able to call them.
If you hire a supplier to carry out advertising on your behalf, he/she will be considered the Data Processor and you must sign a contract with him/her in accordance with the established requirements.
Emails and messages
If you want to send email or advertising messages you will be able to do it fulfilling the following requirements:
–Do notsend advertising without prior consent
-Consult theRobinson List Regulations on persons who do not wish to receive advertising.
–Do notsend advertising to people who have unsubscribed from your mailing list.
-Advertising mailings must comply with therequirements established in the RGPD, the LOPD and the LSSI.
If you hire a supplier to carry out advertising on your behalf, he/she will be considered the Data Processor and you must sign a contract with him/her in accordance with the established requirements.
Does the Robinson List work?
It works because companies that do not respect this advertising exclusion system can be reported to the AEPD and, if necessary, sanctioned.
The most recent case is Vodafone, which has just been fined 20,000 euros for sending advertising to a person who was registered on the Robinson List.
On May 16, 2023, the AEPD issued its Resolution PS/00019/2023, in which it stated the reasons why Vodafone did not comply with the provisions of Article 21 of the LSSI, regarding the sending of commercial communications, as well as Article 21 of the RGPD, by not excluding the claimant from its systems to receive commercial communications.
In the case examined in this Resolution, the claimant was part of the Robinson List since 2012 for not receiving calls, and since February 2022 for receiving SMS, being that in July 2022 she signed a mediation agreement with Vodafone before the entity “AUTOCONTROL”, in which the operator undertook not to make any more calls or send advertising SMS to this person.
Well, even though there were all these barriers to not receiving advertising information, the complainant received messages and calls from Vodafone to offer her its services (up to thirteen times).
Vodafone apologized to no avail
Vodafone excused itself by giving the following arguments:
–TheSMS were sent as a result of an error in their customer relationship management (CRM) systems.
–Someof the calls were made by a collaborating agent to conduct quality surveys, and not to send advertising information.
–Othercalls were related to the request for portability of the line requested by the complainant, which were reiterated because the person could not be reached at the times she was called.
However, the AEPD considered in its analysis that the contents of article 21 of the LSSI had been violated, since 4 messages advertising Vodafone’s services were sent after the aforementioned agreement signed between the parties. Moreover, the AEPD considered that this attitude was an aggravating factor, and therefore had a direct effect on the calculation of the penalty.
Regarding the violation of Article 21 of the RGPD, the AEPD pointed out that Vodafone did provide advertising to the claimant through the 13 calls she received related to the portability of her line, since the purpose of these calls was to convince the claimant not to cancel her services with Vodafone, as well as to explain the advantages and benefits of the promotions at the time.
In this way, the claimant had expressed her desire not to receive calls or messages by opposing them and registering in the Robinson List, thus exercising her right recognized in Article 66.1.b) of the General Telecommunications Law, as well as the provisions of Article 70 of the RGPD in relation to the processing of data for direct marketing purposes, as well as Article 23.4 of the LOPDGDD.
Thus, the final penalty was determined at 20,000 euros, but Vodafone ended up paying 16,000 euros for voluntary payment.
Business Adapter® at your service
As you can see, expert advice is essential to start an advertising campaign.
This advice will be very economical after seeing these sanctions.
If you are a client and are thinking of starting an advertising campaign, contact your consultant to receive documentation and instructions.
If you are not yet a customer and want us to help you, contact us by email: info@businessadapter.es, you can also call 96 131 88 04, or leave your message in this form:
[su_button url=”https://businessadapter.es/contacto” target=”blank” background=”#f6f903″ color=”#181818″ size=”7″ center=”yes” icon_color=”#000000″]Contact us, we will be pleased to help you.[/su_button]