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In brief

On 29 June 2023, the Spanish Data Protection Authority (AEPD) circular on commercial phone calls (formally called “Circular 1/2023, de 26 de junio, sobre la aplicación del artículo 66.1.b) de la Ley 11/2022, de 28 de junio, General de Telecomunicaciones”) was published in the BOE (official state gazette). 

In this regard, we would like to point out that:

  • It entered into force on 29 June 2023.
  • It clarifies the AEPD’s interpretation of Article 66(1) of the General Telecommunications Law 11/2022 regarding the processing of personal data related to unrequested commercial phone calls.
  • It establishes a set of prohibitions and a series of conditions to be able to make such commercial phone calls in compliance with the General Data Protection Regulation (GDPR).
  • Although the rules are more oriented towards B2C (“business to consumers”) commercial campaigns, the circular also regulates the processing of personal data of professionals involved in B2B (“business to business”) commercial phone calls.
  • We recommend an approach both (i) aimed at ensuring regulatory compliance with the aforementioned circular and (ii) an assessment of whether it may now – in compliance with the new requirements – be interesting from a business perspective to take advantage of the opportunity to conduct telephone commercial campaigns in accordance with the legitimate interest. 

The circular is available here (Spanish version).

Please do not hesitate to contact us for any further information or clarification you may require.


Cristina Duch joined the Firm’s Intellectual Property Practice Group in 2006. She has significant experience in a wide range of intellectual property matters, with particular emphasis on trademarks, designs, unfair competition and advertisement. Ms. Duch is a member of the Spanish Institute of Chartered Industrial Property Agents.


David Molina is a Senior Associate in Baker McKenzie, Barcelona office.

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