Unsolicited marketing calls from marketing companies

Telemarketing is a frequently used method of marketing a company and attracting new potential customers. If you plan to do telemarketing, you need to keep in mind the conditions set by the legislation. Section 116(8) of the Electronic Communications Act sets out the conditions under which telemarketing is prohibited. The conditions are following:

(i) if the subscriber or user has listed his or her telephone number in the list (the so-called Robinson list) or,

(ii) the user has objected to such a call to the person for whose benefit the direct marketing is being carried out.

The Robinson List was established by the Office of Electronic Communications and Postal Regulation ("the Office"). Subscribers themselves - as well as marketing companies and individuals wishing to use telemarketing - may register on this list.

The Office has set up a list on the website: https://www.nevyziadanevolania.sk/. The website is divided into 4 sections, and this article deals only with the sections that are relevant for marketing companies. These are the "Marketing Entity" section and the "List of Marketing Entities" section.

Section "Marketing entity"

All natural and legal persons who use direct marketing to present goods and services must register in this section.

Direct marketing means any form of presentation of goods or services in written or oral form, sent or presented through a publicly available service directly to one or more users. The definition clearly states that not only marketing companies are required to register, but any natural or legal person wishing to present their products or services.

The process of registration

In case of natural person, it is necessary to provide the name and surname, address and permanent residence and bank connection.

In the case of a legal entity, it is necessary to indicate the business name, the organisation's registration number or equivalent registration number as a VAT number, VAT identification number, registered office address, billing address (if different from the registered office address) and bank connection.

In the case of a natural person - entrepreneur, it is necessary to indicate the business name, the organisation's registration number or equivalent registration number as a VAT number, VAT identification number, place of business, billing address (in case it is different from the place of business) and bank connection.

It should be noted that if you plan to conduct telemarketing, it is important, in addition to your registration, to verify all phone numbers of potential clients you are interested in calling for telemarketing purposes. You can access the list of subscribers, where you can check the phone numbers, through your account after logging in.

Of course, access to the list is not free. The amount of the fee is set by the office in a decree. As of 15.11.2022, the price for verification of a telephone number or a set of numbers in the list is set:

(i) from 1 to 10 000 verified telephone numbers - 10 €

(ii) from 10 001 to 100 000 verified telephone numbers - 20 €,

(iii) from 100 001 to 1 000 000 verified telephone numbers – 100 €,

(iv) from 1 000 001 to 5 000 000 verified telephone numbers – 300 €.

This means that you can only call phone numbers that are not on the Robinson's list. Otherwise, a legal entity or natural person - entrepreneur is liable to a fine of EUR 200 to 5% of the turnover for the previous accounting period. A natural person who is not an entrepreneur may be fined from EUR 200 to EUR 20 000 for breach of his/her obligation.

Section "List of marketing entities"

This section contains a publicly accessible list of registered marketers, which is available to anyone without a charge.

Calls with area code (0) 888

From August 2022, the decree on the national numbering plan is in force. Based on this decree, every marketing call must be made from a number starting with the area code (0) 888. Businesses can request such a number from their operator. If you wish to conduct telemarketing, you have a telephone number beginning with the area code (0) 888, and the telephone number you are calling is not on Robinson's list, you still cannot contact any person by telephone for marketing purposes without their consent. In such a situation, the GDPR regulation still needs to be taken into account.

If you are interested in direct marketing and need advice on how to do it without breaking the law and avoiding a fine, please contact us.