BPO
Sales and lead generation
Prospecting campaigns designed to survive an inspection, not just to generate volume.
In summary: prospecting, qualification and opportunity generation for the Spanish market. From October 2026 commercial calls must be made from numbering beginning 400, and before any direct marketing campaign there is a duty to screen against advertising exclusion systems.
Telephone prospecting in Spain changed substantially with the 2022 telecommunications law and changes again in October 2026 with the obligation to use 400-range numbering. A campaign designed on three-year-old rules does not merely perform worse: it can end up blocked by the operator or sanctioned.
One thing is worth saying upfront, because it affects who carries the risk. In the enforcement decision we reviewed, the Agency sanctioned the advertising services company making the calls, not only the advertiser. A prospecting provider answers in its own name, which is why we design campaigns with that exposure in mind.
What is included
Actual scope is defined in the proposal.
- B2B and B2C prospecting and opportunity qualification
- Prior screening against advertising exclusion systems before each campaign
- Documentation of the legal basis applied to each contact list
- Identification of the company and the advertiser at the start of every call
- Recording and immediate action on any objection expressed
- Call recording as a mechanism for evidencing compliance
- Reporting on contacts, conversion and rejection reasons
What is not included
Some practices we do not carry out, whatever the client requests.
- Calls to randomly generated numbers, which require consent and cannot rest on legitimate interest
- Campaigns on lists whose origin and legal basis we cannot document
- Using one group company's data to promote another without specific consent
- Contacting people listed in an advertising exclusion system without their own consent
- Legal advice on the lawfulness of your database, which belongs to your advisors
Where it is delivered from
In Spanish, from the Latin America corridor, usually Colombia for accent neutrality in voice services, or from an onshore team in Spain.
Originating numbering is now an operational requirement rather than a preference: the call must originate from Spanish numbering in the prescribed range, regardless of where the team making it sits.
Framework applying to commercial calls in Spain
Article 66.1.b) of Law 11/2022, the General Telecommunications Act, gives end users the right not to receive unwanted calls for commercial communication purposes, unless there is prior consent or unless the communication can rest on another basis of legitimacy under Article 6.1 of the GDPR. It has been in force since 29 June 2023.
This is worth stating precisely because it is frequently summarised badly: the rule does not require consent in every case. It admits legitimate interest, but under strict conditions set in Circular 1/2023 of the Spanish Data Protection Agency, which is binding from its publication in the Official State Gazette. Among them: a prior contractual relationship, products or services similar to those already contracted, interaction within the last year, and a documented prior balancing test. Passing the data to another group company requires specific consent.
Article 66.1.a) is stricter and applies separately: automated calls without human intervention, and fax, always require prior consent.
Article 23.4 of the LOPDGDD requires prior consultation of advertising exclusion systems before carrying out direct marketing communications, unless the individual has consented to communications from whoever is making them. The Lista Robinson, operated by Adigital, is no longer the only system: the Agency added a second general system in January 2025, so a campaign must be screened against all systems included in the list published by the supervisory authority.
Imminent change to numbering: the Resolution of 14 April 2026 of the State Secretariat for Telecommunications provides that, six months after its entry into force, commercial calls may only be made through the 400 range, with no other range usable from then on. Operators will block non-compliant calls. Earlier, Order TDF/149/2025 had already prohibited the use of mobile numbering for commercial calls.
This is general information about the rules and not legal advice. We work alongside your advisors, not in their place.
Frequently asked questions
Is consent required in order to call?
Not always, and this is the point most often summarised badly. Article 66.1.b) admits consent or another basis of legitimacy under Article 6.1 of the GDPR. Legitimate interest is workable, but under the conditions of Circular 1/2023: prior contractual relationship, similar products, interaction within the last year and a documented balancing test.
What changes with 400 numbering?
That from the deadline set in the April 2026 resolution, commercial calls may only be made from the 400 range, and operators will block those that do not comply. If your campaign currently dials from other numbering, the migration is worth planning before blocking takes effect.
Is screening the Lista Robinson mandatory?
Yes, unless the person has consented to receiving your communications. And it is worth knowing it is no longer the only exclusion system: since January 2025 there is a second general system, so screening must cover all systems included in the list published by the Agency.
Can business numbers simply be called?
Not without qualification. Spanish law grants the right to end users, which includes legal persons. Article 19 of the LOPDGDD permits processing professional contact data to deal with the entity rather than the individual, and for sole traders only about products related to their activity. Publishing a number in a directory does not amount to consent.
Who is liable if there is a sanction?
The provider making the calls can also be liable, not only the brand. In the decision we reviewed, the sanction fell on the advertising services company. That is why we require the legal basis of every list to be documented before the first number is dialled.
Do you record calls?
Yes, as a mechanism for evidencing compliance, which is the function Circular 1/2023 assigns it. Recordings are handled under the GDPR with the corresponding prior information.
Want a prospecting campaign that survives an inspection?
Tell us where your lists come from and what the product is, and we will assess the legal basis before proposing volume.