Telemarketing in Malta: Mandatory Opt-in, GDPR Compliance, and the National "Do Not Call" List
Posted: Tue May 20, 2025 7:02 am
Telemarketing activities targeting individuals in Malta are subject to a stringent framework of privacy regulations stemming from European Union directives and national laws. As of May 20, 2025, businesses engaging in telemarketing to Maltese residents must adhere to these rules, particularly concerning the collection and use of personal data, including mobile phone numbers. Understanding these regulations and the existence of a national opt-out registry is paramount for ensuring legal compliance and avoiding substantial penalties.
The Prevailing Regulatory Landscape:
Malta, as a member of the European Union, is bound by key European legal instruments that significantly impact telemarketing practices:
General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679): The GDPR is directly applicable in Malta and sets a high standard for the processing of personal data, including mobile phone malta mobile phone number list numbers used for telemarketing. It emphasizes principles like lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity, and confidentiality. Explicit consent is a crucial legal basis for processing personal data for marketing purposes.
ePrivacy Directive (Directive 2002/58/EC), as amended by Directive 2009/136/EC: This directive specifically addresses electronic communications, including telemarketing. It mandates that unsolicited marketing communications via electronic means (including phone calls to mobile numbers) require the prior consent (opt-in) of the subscriber.
Data Protection Act (Chapter 586 of the Laws of Malta): This national law transposes the GDPR and the ePrivacy Directive into Maltese legislation and further specifies the rules for the processing of personal data and electronic communications, including those related to unsolicited marketing.
Regulations on Unsolicited Electronic Communications (S.L. 399.55 of the Laws of Malta): These specific regulations further detail the requirements for sending unsolicited electronic communications, including marketing calls and SMS messages, and reinforce the need for prior consent.
National "Do Not Call" Registry (Managed by the Malta Communications Authority - MCA): Malta maintains a national registry where individuals can register their phone numbers (both fixed and mobile) to opt out of receiving unsolicited commercial communications. Telemarketers are legally obligated to consult this registry and refrain from calling registered numbers.
Key Regulatory Considerations for Telemarketing in Malta:
Mandatory Opt-in Consent: The fundamental requirement for lawful telemarketing to mobile phone numbers in Malta is prior, freely given, specific, informed, and unambiguous consent (opt-in). This means you must obtain clear affirmative action from individuals indicating their agreement to receive marketing calls on their mobile phones. Passive consent or pre-checked boxes are not sufficient under the GDPR and ePrivacy Directive.
Burden of Proof of Consent: The responsibility lies with the telemarketing organization to demonstrate that valid consent was obtained. Maintaining detailed records of when, how, and for what specific purposes consent was given is essential.
Information Requirements: When obtaining consent, individuals must be provided with clear and comprehensive information, including the identity of the data controller (the organization conducting the telemarketing), the purposes of the processing (i.e., the types of products or services being marketed), how long the data will be stored, and information about their rights under the GDPR (e.g., the right to withdraw consent, access, rectification, erasure).
Right to Withdraw Consent: Individuals have the right to withdraw their consent at any time, and telemarketing organizations must have easily accessible mechanisms for individuals to do so. These requests must be honored promptly and effectively.
Legal Obligation to Consult the National "Do Not Call" Registry: Telemarketers are legally required to check the Maltese national "Do Not Call" registry before making any marketing calls to Maltese phone numbers (both fixed and mobile). Calling numbers registered on this list is a direct violation of Maltese law.
Strict Interpretation of Existing Customer Contact (Soft Opt-in): While the GDPR and ePrivacy Directive allow for the possibility of contacting existing customers for marketing similar products or services under very specific conditions (the "soft opt-in"), this is interpreted narrowly in Malta. It typically requires that the contact details were obtained in the context of a sale, the marketing relates to similar products or services, and the customer is given a clear and easy opportunity to object to such processing (opt-out) at the time of collection and in every subsequent communication. Even in these limited cases, checking against the national "Do Not Call" registry is still mandatory.
Transparency and Identification: When making permitted telemarketing calls, the caller must clearly identify themselves and the organization they represent at the beginning of the call.
Data Security: Personal data used for telemarketing must be processed securely, in line with the GDPR's requirements for data integrity and confidentiality.
Enforcement and Penalties: Violations of the GDPR and Maltese data protection and electronic communication laws can result in significant fines, potentially reaching up to €20 million or 4% of the organization's total worldwide annual turnover, whichever is higher. The Information and Data Protection Commissioner (IDPC) in Malta actively enforces these regulations.
Regarding Mobile Phone Number Lists:
Purchasing Lists is Absolutely Prohibited and Illegal: Buying lists of mobile phone numbers for telemarketing in Malta is strictly prohibited and a direct violation of the GDPR, the ePrivacy Directive, and Maltese national law. It is impossible for you to ensure that the individuals on such lists have provided the necessary prior, explicit, and informed consent to receive marketing calls from your specific organization. Furthermore, these lists will almost certainly contain numbers registered on the Maltese national "Do Not Call" registry, making any calls to them illegal. Using purchased lists exposes your business to severe legal risks and substantial fines.
Focus on Legitimate and Consent-Based Data Collection: The only legally sound approach to acquiring mobile phone numbers for telemarketing in Malta is through direct and informed consent from the individuals themselves. Legitimate methods include:
Opt-in Forms: Implementing clear and unambiguous opt-in forms on your website, mobile applications, or physical sign-up sheets, explicitly stating the purpose of collecting the mobile number (i.e., for receiving marketing calls about specific products or services) and obtaining affirmative consent. Using double opt-in procedures (requiring users to confirm their consent via a separate action, like clicking a link in an email or SMS) provides a stronger record of consent.
Consent During Service Registration or Purchase: Obtaining explicit consent during the process of a customer registering for a service or purchasing a product, with a clear and separate option to agree to receive marketing communications via phone.
Dedicated Marketing Campaigns: Running specific campaigns designed to collect contact information for marketing purposes, ensuring that individuals are fully informed about how their data will be used and provide explicit consent.
Mandatory Checking Against the National "Do Not Call" Registry: Regardless of how you obtain consent (except for very narrowly defined soft opt-in scenarios with existing customers, and even then, checking is highly recommended), you must always check your calling lists against the Maltese national "Do Not Call" registry before making any calls.
Importance of Consent Management: Implementing a robust consent management system is crucial for tracking and managing the consent you have obtained. This system should record when and how consent was given, the specific purposes for which it was granted, and allow individuals to easily withdraw their consent. Regularly auditing your consent records and cross-referencing them with the national "Do Not Call" registry are essential for ongoing compliance.
The Prevailing Regulatory Landscape:
Malta, as a member of the European Union, is bound by key European legal instruments that significantly impact telemarketing practices:
General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679): The GDPR is directly applicable in Malta and sets a high standard for the processing of personal data, including mobile phone malta mobile phone number list numbers used for telemarketing. It emphasizes principles like lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity, and confidentiality. Explicit consent is a crucial legal basis for processing personal data for marketing purposes.
ePrivacy Directive (Directive 2002/58/EC), as amended by Directive 2009/136/EC: This directive specifically addresses electronic communications, including telemarketing. It mandates that unsolicited marketing communications via electronic means (including phone calls to mobile numbers) require the prior consent (opt-in) of the subscriber.
Data Protection Act (Chapter 586 of the Laws of Malta): This national law transposes the GDPR and the ePrivacy Directive into Maltese legislation and further specifies the rules for the processing of personal data and electronic communications, including those related to unsolicited marketing.
Regulations on Unsolicited Electronic Communications (S.L. 399.55 of the Laws of Malta): These specific regulations further detail the requirements for sending unsolicited electronic communications, including marketing calls and SMS messages, and reinforce the need for prior consent.
National "Do Not Call" Registry (Managed by the Malta Communications Authority - MCA): Malta maintains a national registry where individuals can register their phone numbers (both fixed and mobile) to opt out of receiving unsolicited commercial communications. Telemarketers are legally obligated to consult this registry and refrain from calling registered numbers.
Key Regulatory Considerations for Telemarketing in Malta:
Mandatory Opt-in Consent: The fundamental requirement for lawful telemarketing to mobile phone numbers in Malta is prior, freely given, specific, informed, and unambiguous consent (opt-in). This means you must obtain clear affirmative action from individuals indicating their agreement to receive marketing calls on their mobile phones. Passive consent or pre-checked boxes are not sufficient under the GDPR and ePrivacy Directive.
Burden of Proof of Consent: The responsibility lies with the telemarketing organization to demonstrate that valid consent was obtained. Maintaining detailed records of when, how, and for what specific purposes consent was given is essential.
Information Requirements: When obtaining consent, individuals must be provided with clear and comprehensive information, including the identity of the data controller (the organization conducting the telemarketing), the purposes of the processing (i.e., the types of products or services being marketed), how long the data will be stored, and information about their rights under the GDPR (e.g., the right to withdraw consent, access, rectification, erasure).
Right to Withdraw Consent: Individuals have the right to withdraw their consent at any time, and telemarketing organizations must have easily accessible mechanisms for individuals to do so. These requests must be honored promptly and effectively.
Legal Obligation to Consult the National "Do Not Call" Registry: Telemarketers are legally required to check the Maltese national "Do Not Call" registry before making any marketing calls to Maltese phone numbers (both fixed and mobile). Calling numbers registered on this list is a direct violation of Maltese law.
Strict Interpretation of Existing Customer Contact (Soft Opt-in): While the GDPR and ePrivacy Directive allow for the possibility of contacting existing customers for marketing similar products or services under very specific conditions (the "soft opt-in"), this is interpreted narrowly in Malta. It typically requires that the contact details were obtained in the context of a sale, the marketing relates to similar products or services, and the customer is given a clear and easy opportunity to object to such processing (opt-out) at the time of collection and in every subsequent communication. Even in these limited cases, checking against the national "Do Not Call" registry is still mandatory.
Transparency and Identification: When making permitted telemarketing calls, the caller must clearly identify themselves and the organization they represent at the beginning of the call.
Data Security: Personal data used for telemarketing must be processed securely, in line with the GDPR's requirements for data integrity and confidentiality.
Enforcement and Penalties: Violations of the GDPR and Maltese data protection and electronic communication laws can result in significant fines, potentially reaching up to €20 million or 4% of the organization's total worldwide annual turnover, whichever is higher. The Information and Data Protection Commissioner (IDPC) in Malta actively enforces these regulations.
Regarding Mobile Phone Number Lists:
Purchasing Lists is Absolutely Prohibited and Illegal: Buying lists of mobile phone numbers for telemarketing in Malta is strictly prohibited and a direct violation of the GDPR, the ePrivacy Directive, and Maltese national law. It is impossible for you to ensure that the individuals on such lists have provided the necessary prior, explicit, and informed consent to receive marketing calls from your specific organization. Furthermore, these lists will almost certainly contain numbers registered on the Maltese national "Do Not Call" registry, making any calls to them illegal. Using purchased lists exposes your business to severe legal risks and substantial fines.
Focus on Legitimate and Consent-Based Data Collection: The only legally sound approach to acquiring mobile phone numbers for telemarketing in Malta is through direct and informed consent from the individuals themselves. Legitimate methods include:
Opt-in Forms: Implementing clear and unambiguous opt-in forms on your website, mobile applications, or physical sign-up sheets, explicitly stating the purpose of collecting the mobile number (i.e., for receiving marketing calls about specific products or services) and obtaining affirmative consent. Using double opt-in procedures (requiring users to confirm their consent via a separate action, like clicking a link in an email or SMS) provides a stronger record of consent.
Consent During Service Registration or Purchase: Obtaining explicit consent during the process of a customer registering for a service or purchasing a product, with a clear and separate option to agree to receive marketing communications via phone.
Dedicated Marketing Campaigns: Running specific campaigns designed to collect contact information for marketing purposes, ensuring that individuals are fully informed about how their data will be used and provide explicit consent.
Mandatory Checking Against the National "Do Not Call" Registry: Regardless of how you obtain consent (except for very narrowly defined soft opt-in scenarios with existing customers, and even then, checking is highly recommended), you must always check your calling lists against the Maltese national "Do Not Call" registry before making any calls.
Importance of Consent Management: Implementing a robust consent management system is crucial for tracking and managing the consent you have obtained. This system should record when and how consent was given, the specific purposes for which it was granted, and allow individuals to easily withdraw their consent. Regularly auditing your consent records and cross-referencing them with the national "Do Not Call" registry are essential for ongoing compliance.