On Nov. 20, ESP DP approved mediation system to speed up claims.
ESP DP approved code, mediation system to speed up claims in e-communications.
Operators of Orange, Telefónica, Vodafone, Másmóvil groups promoted the new code.
New entities in electronic communications sector will be able to join, in force Dec. 17.
The code of conduct establishes maximum of 30 days for resolution of disputes.
If complaints against member entities are raised directly with ESP DP it may transfer them to the code of conduct's mediation system.
Overview
The code of conduct regulates mediation procedure with aim of allowing the parties, citizens and entities adhering, to reach agreement without having to resort, if the user so decides, to administrative or judicial procedure to resolve their claim.
Codes of conduct, whose membership is voluntary but binding for the member entities, constitute example of self-regulation which, in this case, involves establishing a free procedure for citizens to offer more agile response to claims against member entities.
Via procedure it regulates, citizens will be able to raise claims re data processing without basis, unmet exercise of rights, fraudulent contracting, among other.
GDPR states all codes of conduct must designate supervisory body independent from both promoter and adhering entities, it must be accredited by supervisory authority.
In this case, body accredited for supervision and control of the code is Advertising Jury of Association for Self-Regulation of Commercial Communications (AUTOCONTROL).
The latter will review complaints received against entities adhering to the Code and initiate mediation procedure, here maximum duration of the procedure will be 30 days.
When complaints re electronic communications against member entities are submitted directly to ESP DP, latter may transfer them to code mediation system, its maximum duration in this case will be 27 days, ESP DP must be informed of agreement adopted.
