📵 May companies call me and send SMS ads without my consent?

Quick answer

No, without your prior consent companies generally may not pester you with ads - Article 226 of the Electronic Communications Act (ZEKom-2) requires explicit consent for automated calling systems, SMS, MMS, fax and email (the "opt-in" rule). There is only an exception for existing customers: a seller may send offers for similar products to an email obtained during a purchase, provided you can easily opt out. For live calls a listed number in the phone directory counts as consent only if you have not marked a ban on calls for commercial purposes. The widespread myth that companies may call and text anyone whose number they find is wrong - all marketing needs a legal basis and a way to opt out. Supervision of unwanted electronic marketing lies with the Agency for Communication Networks and Services (AKOS), while personal-data misuse is for the Information Commissioner (IP-RS). You can withdraw consent at any time, after which the company may no longer send you messages.

📋 The rules

Automated calls, SMS/MMS, fax and email for marketing are allowed only with prior consent (Article 226 ZEKom-2).
Consent must be freely given and revocable; every message must offer a free way to opt out.
The existing-customer exception: email for similar products is allowed if opt-out is possible at collection and each time.
For live calls, a listed directory number is consent only without a marked ban on commercial calls.
Supervision: AKOS for ZEKom-2, IP-RS for personal data; you can report by the aspect breached.

🔓 Exceptions

Marketing to your own existing customers for similar products by email (soft opt-in) is allowed with a way to opt out.
Messages that are not marketing (such as contract notices, invoices, reminders) are not unwanted marketing under this article.
A live call is allowed if the person has not marked a ban on calls for commercial purposes in the directory.

⚠️ Penalties & fines

Unwanted electronic marketing without a basis is an offence under ZEKom-2, for which AKOS fines the sender (the company) and the responsible person; the agency can also order the sending to stop. Where the company unlawfully processes personal data (such as numbers or emails without a basis), it is at the same time a data-protection breach that the Information Commissioner can act on, and the GDPR sets administrative fines of up to €20 million or 4% of worldwide turnover. The individual has the right to withdraw consent at any time and to demand erasure of their data from marketing databases; continued sending after withdrawal is a separate breach. For evidence it helps to keep the messages and calls and to ask the sender in writing to stop. If the harassment continues despite an opt-out, this usually hardens the treatment and raises the penalty.

📎 Official sources

Last verified: 2026-07-12

❓ Frequently asked

May they call me without consent?

Automated calling systems without a human, SMS, MMS and email for marketing are allowed only with your prior consent. For a live call, a listed number in the directory counts as consent only if you have not marked a ban on calls for commercial purposes.

What is the existing-customer exception?

If you have already bought a product from a company and left your email, it may send you offers for similar products. The condition is that you can easily and freely opt out both when the address is collected and in every message.

How do I opt out of ads?

Every marketing message must offer a free way to opt out, and you can withdraw consent at any time. After you withdraw it the company may no longer send you messages, and you can also demand erasure of your data from its marketing database.

Who do I report unwanted SMS and calls to?

Supervision of unwanted electronic marketing under ZEKom-2 lies with the Agency for Communication Networks and Services (AKOS), to which you can send a report. If it is a misuse of personal data, you can also turn to the Information Commissioner.

What are the penalties for the company?

Unwanted marketing without a basis is an offence for which AKOS fines the company and the responsible person and can order it to stop. If the company unlawfully processes personal data, the GDPR sets administrative fines of up to €20 million or 4% of worldwide annual turnover.

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