Directive N.2002/58/ec Concerning The Processing Of Personal Data And The Protection Of Privacy In The Electronic Communications Sector (2): Unsolicited Communications And SanctionsDecree n.196 dated 30th June 2003, came into force on the 1st January 2004, - so called Privacy Code - acknowledged Directive n. 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector. Such Directive deals with different aspects to which it is appropriate to make a through review, among which the management modalities of direct commercial communications and the sanctions applicable in case of violation.
The following questions have been addressed in this article:Is the use of automated calling systems without human intervention to send advertising material or to directly sell or to carry out market researches or commercial communications allowed?
When shall a natural or legal person use the electronic contact details obtained from its customers without their consent?
What does the Privacy Code provide on the subject?
When is, in any event, the practice of sending electronic mail for purpose of direct marketing?
What is provided by the Privacy Code in case of violation of the provisions concerning the unsolicited communications?