Your rights against commercial calls: what Spanish law says

They call you at siesta time to offer a tariff, an insurance policy, or a switch of provider you never asked for. You hang up, and the following week they call again. The question almost everyone asks is the same: is this legal? The short answer is that Spanish law protects you more than it seems, but only if you know what rights you have and how to exercise them. This is the guide.

Can they call me to sell me something without my permission?

Since the reform of the General Telecommunications Act that came into force in 2023, the general rule is clear: companies cannot call you for commercial purposes without your prior consent. The consent has to be yours, specific to that company, and provable by them. A "they gave us your number" or a "you're a client of our group" doesn't work as a loophole.

There is one important exception: if you are already a client of the company, it can call you to offer products similar to the ones you have contracted, as long as it gave you the option to object when it collected your data and in every communication. That's the basis for many calls from your own operator or your bank. But even there you have the right to say enough (we cover that below).

What the law never allows is a commercial call from a hidden number: commercial communications must be made from an identifiable number. If they sell you something from a private number, that company is already breaking the law twice over.

What rights do I have when they call me?

When you receive a commercial call, you have these rights, and it's worth knowing them by heart:

• To know who's calling. They have to identify themselves: which company it is and why they're calling you. "The energy department" or "your company" is not identifying themselves.
• To be left alone if you ask. You can object to the processing of your data for commercial purposes during the call itself. Ask them to record your objection and not to call you again. Ideally, ask for it in writing afterwards too (email or client area), so there's a record.
• Not to be recorded without being informed. If the call is recorded, they have to warn you at the start and tell you why.
• To complain if they break the rules. If they keep calling after your objection, or if they call you without you ever having been a client or given consent, you can report them to the Spanish Data Protection Agency (AEPD).

One practical nuance: the right to object works against real companies operating within the law. Against fraudulent call centres calling from abroad with spoofed numbers, a formal complaint does little good; there, the defence is not to engage, to block, and to report. If you suspect the call wasn't commercial but a scam, start with how to identify a spam call.

What is the Lista Robinson and what is it for?

The Lista Robinson is the advertising opt-out register managed by the Adigital association: you sign up for free indicating through which channels you don't want to receive advertising (calls, SMS, email, postal mail), and companies are obliged to consult it before sending you commercial communications. It's the official tool for reducing legal commercial spam.

Three things worth knowing:

1. It takes time to notice. Companies can take a few weeks to update their databases, so don't expect total silence the next day.
2. It doesn't stop the illegal ones. Anyone operating outside the law (scams, vishing, mass spam) doesn't consult any list. If after signing up you keep getting aggressive calls, they're probably no longer commercial but fraudulent.
3. It doesn't replace your direct objection. If a specific company bothers you, object directly to them as well as being on the list.

You can check which commercial numbers are most reported these days in the spam numbers directory and in the trends.

How do I complain if a company won't leave me alone?

If a company keeps calling you after you've objected, or calls you with no legal basis, the path is this:

1. Document. Note the calling number, the date and time, which company they claim to be, and what they offer you. If you can, save the call log with screenshots.
2. Exercise your objection in writing. Send an email or use the company's privacy channel asking to object to processing for commercial purposes and to delete your data for that purpose. Keep the receipt.
3. Report to the AEPD. If within a reasonable time they don't respond or keep calling, file a complaint with the electronic office of the Spanish Data Protection Agency, attaching your evidence. Fines for phone spam exist and are imposed.
4. Report the number so others recognise it: every warning in the spam numbers directory helps the next person.

If they also signed you up for a service you didn't ask for during one of those calls, you have an added problem but also a legal advantage: it's the company that must prove your consent. We explain it in how to recover money from a phone scam.

Frequently asked questions

I'm a client and they call me every week, can I stop it? Yes. The client relationship allows them to call you, but your objection prevails: ask during the call that they not call you for commercial purposes and reinforce it in writing. If they insist, complain to the AEPD.

They call me from different numbers each time, what's the point of objecting? If the number constantly changes and nobody identifies themselves properly, it's probably not legal telemarketing but spam or fraud. Block, don't engage, and report them. A formal complaint works against identifiable companies.

Are call times regulated? There's no fixed schedule in the law for commercial calls to individuals, but repeated calls at unsociable hours strengthen a complaint about disproportionate processing. Document the times.

Can I ask them to tell me where they got my number? Yes: you have the right to access your data. Ask what data they hold about you and where they got it from. If they don't respond within a month, that's also reportable to the AEPD.

In short

The law is on your side more than it seems: without your consent they can't call you to sell you anything, you have the right to object at any time, and the Lista Robinson reduces legal commercial noise. The key is to act in order: direct objection, written record, and if that doesn't work, a complaint to the AEPD with evidence. And remember the important boundary: against real companies, the law works; against scammers, what works is not engaging, blocking, and reporting in the NoCall spam numbers directory. For more practical guides, you have the guides section.