DATA PROTECTION
New register of oppositions published in Official Gazette.
The Presidential Decree No. 26 of 27 January 2022, Regulation Containing Provisions on the Establishment and Functioning of the Public Register of Subscribers who Oppose the Use of their Personal Data and their Telephone Number for Sales or Commercial Promotions ('the Presidential Decree 26/2022') was published, on 29 March 2022, in the Official Gazette, following the approval of the Council of Ministers and a favourable opinion of the Italian data protection authority ('Garante').
In particular, the Presidential Decree 26/2022 governs the public register of subscribers (Article 2(1) of the Presidential Decree 26/2022):
More specifically, the Presidential Decree 26/2022 applies to any processing of national fixed and mobile telephone numbers, whether or not included in subscribers' lists, and of the postal addresses included therein, carried out by means of telephone communications, either made through an operator or, most notably, by means of automated calling systems or calls without the intervention of an operator, or by paper mail, for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communications.
In addition, the Presidential Decree 26/2022, which will enter into effect on 13 April 2022, will repeal and replace the Presidential Decree No. 178 of 7 September 2010, Regulations on Setting Up and Management of the Public Register of Subscribers Opting Out of the Use of Their Phone Numbers for the Purposes of Commercial Selling and/or Promotions, with effect from the date in which the new public register will become operational (Article 14 of the Presidential Decree 26/2022). Specifically, the Presidential Decree 26/2022 clarifies that the new public register will become operational by order of the Ministry of Economic Development, to be published in the Official Gazette, and in any case from 31 July 2022.
(Source: Data Guidance - Author and ownership of the contents: DataGuidance)
In particular, the Presidential Decree 26/2022 governs the public register of subscribers (Article 2(1) of the Presidential Decree 26/2022):
- referred to in Article 130(3-bis) of the Personal Data Protection Code, Containing Provisions to Adapt the National Legislation to General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR') ('the Privacy Code'), with regard to the processing of phone numbers and postal addresses contained in subscribers' lists; and
- referred to in Article 1(2) of Law No. 5 of 11 January 2018, New Provisions on Registration and Operation of the Opposition Register and Establishment of National Prefixes for Telephone Calls for Statistical, Promotional, and Market Research Purposes, with regard to the processing of all fixed and mobile national telephone numbers.
More specifically, the Presidential Decree 26/2022 applies to any processing of national fixed and mobile telephone numbers, whether or not included in subscribers' lists, and of the postal addresses included therein, carried out by means of telephone communications, either made through an operator or, most notably, by means of automated calling systems or calls without the intervention of an operator, or by paper mail, for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communications.
In addition, the Presidential Decree 26/2022, which will enter into effect on 13 April 2022, will repeal and replace the Presidential Decree No. 178 of 7 September 2010, Regulations on Setting Up and Management of the Public Register of Subscribers Opting Out of the Use of Their Phone Numbers for the Purposes of Commercial Selling and/or Promotions, with effect from the date in which the new public register will become operational (Article 14 of the Presidential Decree 26/2022). Specifically, the Presidential Decree 26/2022 clarifies that the new public register will become operational by order of the Ministry of Economic Development, to be published in the Official Gazette, and in any case from 31 July 2022.
(Source: Data Guidance - Author and ownership of the contents: DataGuidance)
