Marketing and National Registries ban list
Companies may have a legitimate interest in direct marketing. Individuals can however object to such processing and companies must respect those objections. Those who are active in direct marketing should compare their lists with the National Registry’s restriction list before starting marketing.
The general rule is that it is prohibited to call, text and e-mail when marketing, if there is no business relationship between the parties. Even if there is a business relationship, individuals always have the right to object.
If a person does not want to be contacted by a company, two options are available.
A person can object to further communication and the company must then respect that wish. This is more appropriate in specific cases.
An individual can both register and/or have his/her name restricted (x-marked) in a phone book (at yes.is and 1819.is), but those who work in direct marketing must compare their lists with the restriction list.
The National Registry's restriction list is more suitable if you want to impose a general ban on contacting. The ban also covers select payment claims in your local bank.
The Data Protection Authority and the National Registry monitor that parties in marketing respect the restriction label in the National Registry. The monitoring of the restriction label (x-label) in the directory is in the hands of the The Electronic Communications Office. The restriction label must be respected in the directory. If this is not done, it is possible to complain til the National Registry. It is always free to send a complaint to the Data Protection Authority
What is the National Registry’s ban list?
The prohibition of the use of the National Registry is governed by the rules number 36/2005 concerning the registration of individuals who object to the use of their names in marketing and the use of such a register. Marketing means the distribution of circulars, lottery tickets, bills of sale, advertising and promotional material, telephone calls, e-mail transmission or by similar means, relating to the purchase or lease of goods or services or participation in certain activities, whether of a commercial nature or relating to recreation, entertainment, courses or similar behaviour.
The obligation to sync to the National Registry's restriction list does not apply if only email addresses are used, as no specific registration of individuals’ email addresses is held by the National Registry. It is also appropriate to note that the Data Protection Authority may, in specific cases, allow exemption from the obligation to sync such lists with the National Registry’s restricted list.
The list of prohibitions only covers marketing. Individuals could therefore encounter requests to participate in scientific research, among other things.
However, it is always free to refuse to participate in such studies, and their objections to further participation must be respected.
Unsolicited communication
Unsolicited communications, including marketing via email, are subject to supervision of The Electronic Communications Office and are companies and institutions instructed to contact them to obtain information about marketing via email.
It is always necessary to respect individuals' objections to further marketing emails or calls if they have been made. In this way, companies need to manage when customers object to receiving further marketing emails and respect those objections, regardless of whether the person is registered on the National Registry's banned list.