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Article 40 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data provides for the development of codes of conduct intended to contribute to the correct application of the legislation, according to the specificities of the various processing sectors and the specific needs of businesses. These are voluntary accountability instruments, laying down personal data protection rules for specific processing activities or for specific individuals.
By virtue of the aforementioned provision and following the invitation expressed by the President of the Data Protection Authority at the presentation of the Annual Report on 7 July Asseprim, AssoCall - National Association of Contact Centre Outsourcing, ASSOCONTACT - National Association of Business Process Outsourcers, Assotelecomunicazioni, Confcommercio, Confindustria, DMA Italia and OIC - Osservatorio Imprese e Consumatori, as representative associations of principals, call centre, teleseller, list provider and consumer associations (hereinafter: 'promoting associations') have drawn up a Draft Code of Conduct for the activities of telemarketing e teleselling.
The Draft Code of Conduct aims to support all those who, as principals or suppliers of direct or ancillary services, perform telemarketing and telesellingfavouring respect for the regulations on the processing of personal data and promoting virtuous behaviour throughout the supply chain, also with a view to reinforcing people's trust in telephone promotions.
Adherence to the Code of Conduct is voluntary and is open to all entities that process personal data for the purpose of promoting and/or offering goods or services, via the telephone channel, to persons located in the territory of the Italian State.
In order to submit the Code of Conduct for the prior approval of the Data Protection Authority, the promoting Associations place in consultation the Draft Code of Conduct for the activities of telemarketing e teleselling, available in an annex. The objective of the consultation is to obtain comments and proposals from interested parties.
Contributions may be sent via e-mail to the following e-mail address: [email protected] by 23:59 hours on 9 September 2022.Â
Contributions sent by participants in the consultation do not pre-conduct any title, condition or constraint with respect to any subsequent determinations by the promoting Associations and the Data Protection Authority.
The information acquired as part of this consultation will be shared with the promoting associations and the Data Protection Authority.
Participants in the consultation are invited to submit their contribution without indicating any personal data other than the sender's name (ex. Mario Rossi Association) and the reason for the interest in the consultation (in particular, the role of telemarketing: as. "protection of data subjects' rights', 'representation and protection of the interests of companies in the sector ...'.).Â
Any personal data provided optionally by sending the contribution to the above-mentioned e-mail address will be used exclusively by the receiving promoting association, as data controller, within the limits, methods and times necessary to carry out this consultation.
 For more information on the processing of personal data carried out through the Confindustria website and on the rights of data subjects, see Privacy Policy.
The Promoting Associations also reserve the right to publish the contribution received on their websites and information channels, either in full or in excerpts, as part of any activities that will give an account of the consultation carried out and its results.
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