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Coverage

Unwanted calls

EU ePrivacy Directive and GDPR (direct marketing)

SupranationalEUDerived or secondary source

European Union / European Economic Area

Rule id
calls.eu-eprivacy
Version
1.0.0
In force from
October 31, 2003
Last read against its sources
August 5, 2026
Countries bound
30 countries

In plain language

What this regime says.

Object under GDPR Art. 21(2), complain to your national DPA, and expect compensation to require proof of damage after C-300/21.

Who is covered

People receiving unsolicited marketing calls, texts or faxes on a number in European Union / European Economic Area.

What you get

Compensation only where you can prove actual damage, plus a preference registration and a regulator complaint.

Where claims go wrong

  • Expecting a per-call payment. That is a United States feature and it does not exist here.
The official claim route

Authority

Every citation,
with its pinpoint.

A claim that cites “EU law” gets filed. A claim that cites Article 7(1)(c) gets answered. These are the exact coordinates this entry rests on.
  1. Directive 2002/58/EC (ePrivacy Directive), Art. 13Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sectorURL verified 2026-08-05Art. 13
  2. Regulation (EU) 2016/679, Art. 21(2) — unconditional right to object to direct marketingGeneral Data Protection RegulationURL verified 2026-08-05Art. 21(2)
  3. Case C-300/21 UI v Österreichische Post AG (CJEU, 4 May 2023)Judgment of the Court (Third Chamber)URL verified 2026-08-05

Sources

Where a figure is indexed, converted or published by a regulator rather than fixed in the instrument, the provenance is recorded separately. Anything marked as a modelled estimate is exactly that — a model, not a statutory number.

What it imposes

Clocks, defences and the ladder.

A rule module builds these while it evaluates, because a limitation period depends on which forum is open to you. What follows is the structure this regime produces — deliberately with no dates and no figures, because those belong to your facts rather than to the law.

The clocks it starts

  • European Union / European Economic Area: limitation for a compensation claimVaries by jurisdictionLimitation for an Art. 82 claim is a matter of national law and varies from roughly three to six years across member states. Three years is shown as an indicative floor only — check your own.Directive 2002/58/EC (ePrivacy Directive), Art. 13 — Art. 13Limitation period

What it entitles you to, beyond money

  • An enforceable requirement that they stopEvery regime here requires a caller to stop on request, and to identify itself. Send a written objection to any caller you can name, keep the date, and report continued contact — repeat contact after an objection is the breach regulators move on.Art. 13

What the other side will say

Each of these is a refusal this regime lets a counterparty attempt, paired with the answer to it. Reading them before you write is worth more than any amount of polish on the letter itself.

"It was not us, it was a lead generator"

high likelihood

We did not place that call. It was made by an independent marketing partner and we are not responsible for their conduct.

What answers it

The TCPA reaches calls made "on behalf of" a seller, and the FCC has long held that a seller can be vicariously liable on ordinary federal agency principles — actual authority, apparent authority, or ratification. Ask, in writing, for the identity of the lead generator, the contract governing the campaign, and the record of the consent they say they obtained for your number. A seller that took the sale but disclaims the call has to explain how it accepted the benefit without ratifying the conduct.

"You gave consent on a website"

high likelihood

Our records show you consented to receive marketing calls when you filled in a form on [some website].

What answers it

Then ask for the record. Prior express written consent has to be a signed agreement, identifying the seller, disclosing that signing authorises automated or prerecorded marketing calls to a designated number, and disclosing that signing is not a condition of purchase. Demand the actual capture: the URL, the timestamp, the IP address, the exact disclosure text shown, and the number entered. Very often the record is a purchased lead with none of this, or a number that is not yours.

"We were trying to reach someone else"

medium likelihood

This number was previously held by our customer. We had consent; we simply did not know it had been reassigned.

What answers it

Good faith about a reassigned number is not a defence once you have told them. Every call after your first "stop" or "wrong number" is knowingly made to a non-consenting party, and is the strongest part of your claim. Record the date you first told them.

"We have an established business relationship with you"

medium likelihood

You are an existing customer, so the do-not-call rules do not apply to us.

What answers it

The established-business-relationship exemption to the national registry is time-limited and defeasible: it runs 18 months from your last transaction, or three months from an inquiry, and it evaporates the moment you ask them to stop. It has never been a defence to the separate prohibition on prerecorded marketing calls without prior express written consent.

Where to take it next

  1. Written objection to the callerAsk them to stop, in writing, and to confirm they have removed your number. Ask on what basis they believe they had your consent, and for a copy of it. Keep everything.Claim directtypically 28 days
  2. Complain to your national data protection authorityDirect-marketing enforcement in most member states sits with the data protection authority, sometimes shared with the telecoms regulator. Complaints are free and the authority of your own habitual residence must accept yours even where the caller is established elsewhere.Regulatortypically 90 daysofficial page
  3. Small claims / simplified civil procedureBinding on themOnly worth it where you can articulate real damage and can name the caller. The claim is for your loss, not for a per-call tariff, and the caller may have a reasonable-care defence.Small claimstypically 180 days

Documents

What this regime can produce.

Every one of these is a document you send yourself, in your own name. Duesday never writes to anybody on your behalf and is never anyone’s agent.

The same claim type elsewhere

Other rights in the same countries

Austria — ÖBB FahrgastrechteATNationalAustriaRegulation (EU) 2021/782 as applied in AustriaConfidence: lowAustria — rental deposit (Allgemeines Bürgerliches Gesetzbuch (ABGB) § 16b, and the Mietrechtsgesetz (MRG))ATNationalAustriaAllgemeines Bürgerliches Gesetzbuch (ABGB) § 16b, and the Mietrechtsgesetz (MRG)Confidence: lowBelgium — action en réparation collective (Code de droit économique, Book XVII)BENationalBelgiumCode de droit économique / Wetboek van economisch recht, Livre XVII, Titre 2 (arts. XVII.35 et seq.)Confidence: lowBelgium — rental deposit (Regional housing codes: Vlaams Woninghuurdecreet, Décret wallon relatif au bail d’habitation, Code bruxellois du Logement)BENationalBelgiumRegional housing codes: Vlaams Woninghuurdecreet, Décret wallon relatif au bail d’habitation, Code bruxellois du LogementConfidence: lowBelgium — SNCB/NMBS compensation for delays and for repeated delays on season ticketsBENationalBelgiumRegulation (EU) 2021/782 as applied in BelgiumConfidence: lowBulgaria — rental deposit (Закон за задълженията и договорите (Obligations and Contracts Act), наем)BGNationalBulgariaЗакон за задълженията и договорите (Obligations and Contracts Act), наемConfidence: lowCroatia — rental deposit (Zakon o najmu stanova and the Zakon o obveznim odnosima)HRNationalCroatiaZakon o najmu stanova and the Zakon o obveznim odnosimaConfidence: lowCyprus — rental deposit (Rent Control Law of 1983 (23/1983) for controlled tenancies, and the general law of contract)CYNationalCyprusRent Control Law of 1983 (23/1983) for controlled tenancies, and the general law of contractConfidence: low

Does this one reach your facts?

The engine runs every regime that could apply at once and reconciles them, rather than making you guess which page to read.

Not a law firm. Not legal advice. You send it yourself. This page describes a law; it is not advice about your situation and no outcome is promised.