On 19 January, the Official Gazette published the “Regulation amending the Presidential Decree No. 178/2010 on the matter of the Do Not Call Registry concerning the use of snail mail” (Presidential Decree No. 149 dated 8 November 2018, hereinafter the “Regulation” or the “Presidential Decree”). The Do Not Call Registry (that is the registry where those who do not wish to receive “direct marking communications” hereinafter the “Registry”), in operation since 2010 regarding telephone marketing is now extended to marketing performed via snail mail. In order not to be “solicited” even by unwanted printed marketing material, one will have to register to the registry. If one does not register, the addresses listed in “public telephone number lists” may be used – and therefore also for promotional purposes – even without the explicit consent of the subject. All of the above is effective from 6 May 2019. In fact, the Regulation, in effect from 3 February, allows 90 days before becoming fully operational (the 90th day is Saturday, 4 May, therefore the actual date will be moved to Monday 6). Even the Italian Data Protection Authority recommended that in the final version of the Presidential Decree a transition period be taken into account. This, both to allow to the “subscribers/parties interested to the processing of data” to get informed and to register to the Registry before being “bothered” and to implement and finalise the Registry. In order to find out in details the operating and registration procedures (for example, it will not be possible to register to the Registry via fax, but it will be possible only via web, e-mail or phone), it will be necessary to browse the Registry website in the next few months. Moreover, the “effective period” of the consultation within which the marketing operator will have the possibility to use the address of interest found in the “subscribers list” is extended: compared to the previous 15 days, now the Registry consultation by the operator will be 30 days. Therefore, for companies that wish to operate in the marketing sector, it is important to consult the Registry. Moreover, the provision concerning the information notice towards the contacted subject has been integrated and amended. For example, the subject shall be informed regarding the source of data used as well as the instructions necessary to register to the Registry and this shall be done inside the marketing promotional material itself or in the invoicing documents. If failing to meet the requirements of the aforementioned “prior consultation obligation” the fine established will be charged up to a maximum of 20 million euros or 4% of the global yearly turnover. Information and awareness campaigns will be performed in the next few months to let people know about the news introduced by the legislation described above.
