A year has passed since the Spanish government brought in legislation to try and stop spam calls, but for many in Spain these infuriating marketing and advertising cold calls continue.

“The reality is that calls are just as if not more intense than before this regulation,” Samuel Parra, a technology law specialist, said recently in the Spanish press.

Data from Spain’s main consumer watchdog, Organización de Consumidores y Usuarios (OCU), backs this up. It reports that nine out of ten consumers in Spain continue to receive these spam calls despite the change in the law.

READ ALSO: Spain’s ban on spam calls to come into force on June 29th

Facua, another consumer group, reports that 4.1 percent of people still receive more than five calls a month, 8.2 percent receive four, 12.5 percent receive three, and 9.7 percent receive at least two.

The main objective of the Telecommunications Law, passed in June 2023, was to stop the abundance of spam calls, which in Spain are particularly bad and are usually commercial sales calls trying to sell you something. However, the reality is that, after being in force for a year, many Spaniards are still receiving these sorts of spam calls.

Almudena Velázquez, a consumer affairs lawyer, told Spanish state broadcaster TVE that companies bypass (and at times break) the law by using a so-called ‘legitimate interest’ that allows companies to offer similar products to those the consumer already has.

For example, if you’ve recently taken out a loan, they could reasonably try and sell you a credit card via a cold call.

Experts say this due to companies exploiting data protection rules. Specifically, Article 6 of Spain’s General Data Protection Regulation (GDPR) allows for the use of personal data, such as telephone numbers, when there is a justifiable ‘legitimate interest’ of the company.

Ileana Izvernicveanu, spokesperson for the OCU, described this concept as a “no man’s land”. In other words, spam phone call companies are exploiting a legal grey area in order to continue with their sales calls.

Another possible explanation, the OCU warns, is that consumers themselves have unwillingly or unknowingly consented to receive these spam calls by giving away their personal data through other means, whether online or when purchasing products.

You can remove your consent by registering on the Robinson List, a free advertising exclusion system in Spain.

Spain’s Telecommunications Law also pledged to open legal proceedings against any company which makes spam calls, regardless of whether the call centre is based in Spain or overseas. It’s unclear if this has happened yet.

Other legislation introduced in 2022 also prohibited cold calling before 9am and after 9m, as well as at weekends or on public holidays. Spain’s main phone and internet providers also committed to not calling phone users between 3pm and 4pm, ‘siesta time’ in Spain.