The project plans to implement and manage the “Registro Pubblico delle Opposizioni”, established by Presidential Decree n. 178/2010 as amended.
The purpose is to achieve a fair balance between the needs of the individuals who wish not to receive unsolicited direct marketing calls and postal mail any longer, and the needs of the companies, in condition to use telemarketing in a more organized and transparent setting.
The reform of the legislation on telemarketing offers a concrete protection for citizens whose telephone number is listed in a public telephone directory, who wish not to receive unsolicited marketing calls any longer. The establishment of the “Registro Pubblico delle Opposizioni” disposes the change from opt in to opt-out regime – allowing Italy to comply with EU Directive 2002/58/EC – which facilitated the citizens to exercise their rights and imposed to operators the new obligations on disclosure and transparency.
The article. 20-bis of the law n. 166/2009 and the Presidential Decree n. 178/2010 and extended by D.P.R. n. 149/2918, have introduced meaningful modifications to the data protection of public telephone directories in charge to telemarketing operators. According to this new regulatory framework all numbers available in public telephone directories are contactable via phone for sending advertising material, direct sales, commercial communications or for carrying out market research. Italian citizens can express their dissent to the advertising calls by registering in a special list, called “Registro Pubblico delle Opposizioni”, established on 31st January 2011 for the telephone section and extended to postal mail in 2019. On the other hand, before starting the advertising campaign via telephone, telemarketing operators are required to check with the Administrator of the service the lists of contacts to be used, drawn from public telephone directories. The creation and management of the “Registro Pubblico delle Opposizioni” – the service for subscribers and telemarketing operators – has been entrusted to the Fondazione Ugo Bordoni by the Ministry of Economic Development through a service agreement. Citizens, whose telephone number is listed in a public telephone directory, are given the opportunity to join the “Registro Pubblico delle Opposizioni”, update or revoke the registration by choosing one out of six methods: website, contact center, telephone, fax, email, certified mail. Telemarketing operators are bound to register with the system managed by the Administrator of the service and to update the lists of telephone numbers they intend to contact.
The system aims to protect the privacy of citizens whose telephone number is present in the public telephone directories, to ensure that telemarketing activity complies with the rules and to raise awareness about the available tools and forms of protection.