Would you like to receive ads? an analysis from consumer and data protection law

Abstract

In this article, the author addresses the reform of the Consumer Protection and Defense Code carried out by Legislative Decree 1390, through which the Registry ‘Gracias No Insista’ was replaced by the rule of prior consent to receive mass communications with promotional purposes, which was aimed at harmonizing the consumer protection regulation with the one of personal data.
In this regard, the author develops a complete analysis of the regulation of promotional communications, both from the perspective of consumer protection rights and personal data protection; to later emphasize the successes and failures of the current regulation, at a legal and practical level. Likewise, the text proposes points of improvement to the current regulation and ends with practical recommendations on this matter to suppliers and consumers.