Are you getting emails that you never asked for? Do they block your inbox, make important messages difficult to find, or do you find it difficult to remove yourself from these databases to have a peaceful day? You’re not alone: ​​a recent study found that Spain is one of the countries that receive the most email spam, and Google data shows that “spam email” has become more searched in recent years.

The good news is that Spanish law prohibits the sending of emails without the consent of the recipient, and requires the issuer to indicate in each communication how this consent may be withdrawn. It is not new: it has been included in the Information Society and Electronic Commerce Services (LSSI) Act since 2002, where both aspects are specified. For this reason, the experts who were contacted Independent In this regard, they encourage you to file appropriate claims with the Spanish Data Protection Agency in case of abuse.

“Article 21. Prohibition of commercial communications by e-mail or equivalent electronic means of communication. 1. Sending promotional messages or advertising by email or other equivalent electronic means of communication which has not been previously requested or expressly permitted by the addressees of the same”, collects Law 34/2002.

This also means that the fact The fact that an email address is public on the website does not imply any consent. means receiving spam. This is emphasized by both lawyer and ICEF Consultores partner Iciar López Vidriero and Samuel Parra, a technology lawyer based in Aegis.

“The fact that an email appears on your web page or in your articles may serve as an occasion for contacting you about an article or profession, but not for inclusion in a mailing list for promotional or commercial purposes. Promotional or commercial emails are regulated by the LSSI and the Law is very clear in this regard,” notes Lopez Vidriero. “There are a lot of sanctions that talk about this: although your email is available in your newspaper or website, it does not mean that you allow commercial messages to be sent. Shipment will always require consent,” says Parra.

Also, the law is very clear that it must always state how a recipient can unsubscribe from these messages. “Anyway, The provider must offer the recipient the opportunity to object to the processing of their data. for promotional purposes through a simple and free procedure, both at the time of data collection and in each of the commercial communications you send. When messages have been sent by email, said means must necessarily consist of the inclusion of an email address or other valid email address where this right can be exercised, while sending messages that do not include the specified address is prohibited, “says the law. .

In case of violation of these articles of the law, the law provides for fines ranging from 30,000 to 150,000 euros. if sending messages is considered “bulk” or “persistently or systematically sent to the same recipient” – although it is not specified when it is considered bulk – and also if the recipient is not offered an unsubscribe method; and light fines ranging from €0 to €30,000 if the above requirements are not met.

How to claim

“Sanctions for sending commercial messages are in the order of things, since every day people are becoming more aware of their rights, and the path provided by the Spanish Data Protection Agency is relatively simple,” says lawyer Iciar López Vidriero, emphasizing that the presentation of a claim by a lawyer is not mandatory, and there are no additional administrative fees.

It also explains that the last sanction imposed on the company a month ago was 3,000 euros. “But there are sanctions procedures that impose much higher fines, such as SegurCaixa Adeslas SA on February 4, which was sanctioned for 300,000 euros.”

Parra believes in the same sense, emphasizing that simply via email headquarters The Spanish Agency for Data Protection (AEPD) can submit the document in a simple way. “The important thing is that you prove the facts, and there it is convenient to provide a screenshot with the title of the letters,” he points out. This way, the AEPD can access the code of the email, verifying that the message existed (in Gmail, this is achieved by entering the “show original” email settings).

In his experience, the lawyer recommends writing down the facts in a document, “indicate that you did not register in any system with them, that these are emails without consent, and report that you contacted them on such and such a day, on such and such a day “. day with no response. “Attach screenshots of the inconsistent emails you received, these are all included in the PDF file and represented by regular email registration, this does not have to go through a specific procedure,” he explains.

As to the possible success of the claim, it will depend on whether the Agency acknowledges the claim, whether it considers there is a problem and whether it can prove that the person did not subscribe to the service. Parra points out that more likely to succeed in a lawsuit if the company is Spanish, although he also acknowledges that for these reasons, few people are sanctioned, in part due to the small number of lawsuits filed. Lopez Vidriero, for his part, advises being included on Robinson’s Advertising Exclusion List to opt out of all types of commercial communications, which can only be sent if we have previously given consent, there is a contractual relationship or a legitimate interest.