Telephone marketing
Telemarketing is digital marketing, so both the GDPR and ePrivacy apply. For live person-to-person calls, Art 13(3) lets member states choose opt-in or opt-out, but a free opt-out must always exist - hence national Telephone Preference Services. For automated calling systems (auto-dial + pre-recorded message), prior opt-in consent is always required. Some states (Austria, Hungary, Slovenia) require opt-in even for live calls; opt-in is the safe pan-EU option.
| Type | Consent | Conditions |
|---|---|---|
| Live person-to-person call | Member-state choice (opt-in or opt-out) | Always a free opt-out (Art 13(3)); opt-out states cleanse the TPS; some states require the caller to mention the register and offer instant free registration |
| Automated calling system (pre-recorded) | Prior opt-in, always | Art 13(1); some states (Poland, UK) require caller identity + contact details |
Rules vary by country and the conditions are sometimes in non-DP laws. Don't deploy a 'one-size-fits-all' approach - unless you choose to seek prior consent across the board, which is the safe option.
Key terms - quick answers
What is “Telephone Preference Service”?
Sources and study method
This independent lesson uses active recall, spaced retrieval and scenario practice. Read the full study method.