Can companies cold-call me to sell things?
Only if you've given consent. Since 29 June 2023, under the General Telecoms Law (Law 11/2022), cold calls without consent are banned: a company can only call you for marketing if you've given prior explicit consent. You can refuse and withdraw that consent at any time, and it must be renewed every two years. Since 2025, companies must identify marketing calls with a specific prefix and operators must block those that don't use it, plus using mobile numbers for these calls is banned. Contracts closed on non-consented calls are void.
📋 The rules
- Cold calls banned without prior consent (since 29/06/2023)
- You can refuse and withdraw consent
- Consent must be renewed every 2 years
- Since 2025: identifying prefixes and blocking by operators
- Contracts closed on non-consented calls: void
🔓 Exceptions
- Calls about a contract or service you already have
- If you gave express consent (reviewable and revocable anytime)
- Consent 'buried' in terms you accept without reading can be challenged
⚠️ Penalties & fines
Making cold calls without consent is an offence liable to fines up to EUR 100,000 (minor) and up to 2 million (serious). If you're called without permission, you can report it to the data-protection authority (AEPD) or to Consumer authorities. A contract closed on a non-consented call is void, and you can have it cancelled with no penalty. Keep the date, time and number of the call as evidence.
📎 Official sources
- BOE · Law 11/2022 General Telecoms Law →
- AEPD · Cold calls and data protection →
- Ministry of Consumer Affairs · Ban on spam calls →
❓ Frequently asked
Can companies cold-call me to sell things?
Only if you've given prior, explicit consent. Since 29 June 2023, cold calls without consent are banned. You can refuse them and withdraw consent at any time.
How do I stop cold calls?
Expressly refuse and withdraw any consent you've given. If they keep calling, report it to the AEPD. Since 2025, companies must use identifying prefixes and operators block calls that don't carry them.
What's the fine for cold-call spam?
Offences can bring fines up to EUR 100,000 (minor) and up to 2 million (serious). The AEPD has already sanctioned companies for making cold calls without the user's prior consent.
Is a contract closed on a spam call valid?
No. Contracts closed on non-consented cold calls are void. You can have them cancelled with no penalty. Keep the number, date and time of the call as evidence.
Are there exceptions to the ban?
Yes: calls about a contract or service you already have, and those for which you gave express consent (which you can withdraw). Consent hidden in terms you accept without reading is debatable and can be challenged.
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