Implementation of the National Do Not Call Registry in Argentina
On December 17, 2014, the Argentine Executive Branch issued Decree No. 2501/2014 (hereinafter, the "Decree") regulating Law No. 26.951 (hereinafter the "Law") which created the National Do Not Call Registry.
The Law allows any individual or legal entity, owner or authorized users of telecommunication services of any kind, to register their telephone numbers with the National Do Not Call Registry at no cost to block telephone calls from companies advertising, offering, selling and giving unsolicited goods or services.
The Decree extends the application of the Law to those companies hiring marketing campaigns conducted abroad but addressed to the Argentine market. It also states that the Law is binding not only for those companies that contact individuals or legal entities directly by their own but also to those that do it through third parties, notwithstanding, in this last case, of the liability of the contractor or direct beneficiary of the call or the joint liability established in section 11 par. 4) of Law No. 25,326 if applicable.
Companies performing advertising campaigns falling under the Law must check the latest updated version of the list of individuals or legal entities registered with the National Do Not Call Registry prior to launching each promotional campaign and, at least, with a periodicity of 30 calendar days from the last consult of the National Do Not Call Registry.
Moreover, the Decree states that companies must respect and comply with the right to individuals’ blocking by having a list of those persons (individuals or legal entities) that do not wish to be contacted. The Decree provides that companies must always call from a visible number for caller ID and also regulates the procedures for individuals to file complaints.
On January 16, 2015, the National Personal Data Protection Authority (hereinafter, the "DPA") issued Regulation No. 3/2015 (hereinafter, the "Regulation"), implementing the registration and cancellation procedure with the National Do Not Call Registry for consumers or authorized users of mobile services, as well as the procedure companies must follow to access and check the list of registered people with the National Do Not Call Registry.
It is important to mention that the Law expressly excludes from its scope the following: (i) public welfare campaigns, (ii) emergency calls to secure people’s health and safety, (iii) election campaigns, (iv) calls from providers or suppliers under existing contracts in force provided that they refer to the specific purpose of the contract and are made at reasonable time and manner according to regulations and (v) calls from those who were expressly authorized to do so by owners or authorized users of telecommunication services of any kind registered in the National Do Not Call Registry.
The National Do Not Call Registry is operating since January 16th, 2015 and the DPA is taking an active role in monitoring the compliance of the Law.
This article contains general information and does not constitute a legal opinion.