Telemarketing and teleselling, for many companies essential tools for promoting products and services directly to consumers, are going through a phase of significant change thanks to the introduction of the Code of Conduct.
Approved by the Data Protection Authority in response to growing complaints about telemarketing practices, this regulation aims to balance the needs of companies with the protection of consumer rights, introducing a series of new measures to ensure greater consumer protection and regulate promotional activities via telephone.
How will teleselling change in 2024?
- Call limit: maximum 3 contact attempts per day per user.
- Time slots: calls allowed only between 9:00 and 20:00 on weekdays, and between 10:00 and 19:00 on Saturdays.
- Mandatory identification: operators must immediately declare their identity and that of the company.
- Explicit consent: need to obtain clear and specific consent for promotional calls.
- Public Registry of Opposition (RPO): obligation to consult the register before making calls.
- Operator training: mandatory courses on standards and best practices.
- Call monitoring: introduction of quality control systems.
Impact of the Code of Conduct for companies in the sector
The implementation of the new Code of Conduct entails an increase in costs for training and adaptation to the new systems.
The need to obtain explicit consents, update customer databases and adapt internal processes to the new rules requires significant investments in terms of human and technological resources.
Furthermore, the reduction in the volume of calls that can be made could result in an initial drop in conversions, making telemarketing campaigns less effective.
Since the Code also applies to companies that contact Italian consumers from abroad, international call centers will have to comply with these rules, which may require an adjustment of their operational structures, with possible increases in operating costs and a reduction in competitiveness.
As a result, telemarketing campaigns may reach a much more limited audience, reducing their overall impact. This may push companies to review their marketing strategies, looking for alternatives to telemarketing to maintain high conversion rates.
Positive Prospects of the Code of Conduct
- Greater Consumer Protection
The Code of Conduct represents a concrete response to consumers' requests to limit unwanted calls. The new rules impose more stringent limits on the use of personal data for marketing and teleselling purposes, requiring explicit consent from users to be contacted. This will help to drastically reduce nuisance calls. Protecting privacy is a fundamental aspect in an era in which personal data has become a precious resource and in this way consumers will have greater control over their private communications.
- Regulatory Clarity for Businesses
Businesses operating in the telemarketing sector will benefit from greater regulatory clarity. The Code sets out clear guidelines on how to process personal data, what consents are required and how to manage contact lists. This will reduce the risk of sanctions from regulators, creating a safer and more transparent business environment. Furthermore, companies that comply with these rules could improve their reputation with consumers, as they will demonstrate their commitment to protecting privacy.
- Regulation for All Industry Players
The Code applies not only to Italian companies, but also to those operating from abroad and contacting Italian consumers. This is crucial, as it ensures that international call centers comply with the same rules as domestic companies, limiting the possibility of circumventing the regulation through outsourcing of marketing activities.
Monitoring Abuse: A Challenge for the Code
One of the main challenges that the new Code of Conduct will have to address is the identification and monitoring of operators who do not comply with the rules, in particular those who use virtual numbers or techniques to mask the origin of calls.
It will be essential that the Monitoring Body has adequate tools to also identify those who exploit advanced technologies to circumvent the regulations.
The crucial question becomes: who will ensure effective control?
The risk is that, as happened with the Public Registry of Opposition (RPO), more structured companies will be able to adapt, while smaller offenders may escape controls, thus compromising the effectiveness of the Code.
It is not enough to impose new rules, a dynamic and proactive monitoring system is also needed, capable of rapidly adapting to the evolution of circumvention techniques, otherwise consumer protection may be incomplete.
In conclusion, the new Code of Conduct represents an important step towards a balance between commercial needs and respect for consumers. Although it poses some initial challenges for the sector, it could lead to more ethical and effective telemarketing in the long term, improving public perception of these activities and potentially increasing consumer trust.
Companies will have to adapt quickly to the new rules, investing in training and technology, while consumers will be able to enjoy greater peace of mind and more respectful interactions. The success of these measures will depend on their effective implementation and continuous monitoring by the competent authorities.
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