It is permissible to make direct calls for marketing purposes to either corporate or individual subscribers unless the recipient has specifically objected to it. Furthermore, the company, on behalf of which the telemarketing takes place, must maintain an opt-out register of those consumers who have given the company a law-based marketing refusal.
The recipient has to be informed about the opportunity to opt-out at each direct marketing telephone contact easily and at no separate charge. The recipient has to be able to recognise a message as marketing clearly and unambiguously. The recipient should also be informed about the party performing direct marketing and be able to request information on the data register and data controller from whom the personal data have been obtained.
The ECS also contains a specific prohibition on marketing mobile phone subscriber connections to consumers by phone unless the consumer has specifically requested such marketing. However, this does not prohibit telecom operators from marketing mobile phone subscriber connections to their own existing customers.