Consumer Protection from Abuses in Commercial Communications sent via Radiofrequency
| Autor | David López Jiménez, Eduardo Carlos Dittmar |
| Cargo | Ph.D. (with European mention), Universidad de Sevilla (Spain), and Ph.D., Universidad Rey Juan Carlos (Spain). Research professor at the EAE Business School. Madrid, Spain. E-mail: dlopezjimenez@gmail.com. - Ph.D., Universidad de Huelva (Spain). Associate Dean. EAE Business School. Madrid, Spain. E-mail: ecdittmar@eae.es. |
| Páginas | 37-60 |
Consumer protection from abuses in commercial communications via ... (p. 37-60) 37
JIMÉNEZ, D. L.; DITTMAR, E. C.
Consumer protection from abu ses in commercial communications sent via
radiofrequency
.
The La w, State and Telecommunicati ons Review
, Brasilia, v. 10, n. 1, p. 37-60, May
2018. [DOI: https://doi.org/10.26512/lstr.v10i1.21499]
Consumer Protection from Abuses in Commercial Communica tions
sent via Radiofrequency
Submitted
: 28/11/201 7
David López Jiménez*
Eduardo Carlos Dittmar**
Revised
: 19/12/201 7
Accepted
: 12/03/2018
Abstract
Purpose
–
The aim of this wor k is to analyz e the commercial communications sent by
radiofrequency on the bluetooth net work.
Methodology/approach/design
–
An analysis of Spanish and European regulations on
commercial co mmunications and data pr otection.
Findings –
Industry self-regulation can co mplement (in several aspects) the regulations
applied to this field.
Practical implications –
The analysis in this article can be of considerable use to all actors
who operate in this setting (society, and t he public and privat e sectors).
Originality/value –
This investi gation emphasises the usefulness of se lf-regulation in t he
industry (codes of conduct) regardin g commercial communi cations sent by radiofrequency.
These instruments con stitute an improvement o n the regul ations, close certain loophol es
and can be up dated more quickly th an the law, and this can enhance user and/or cons umer
protection.
Keywords
: Electronic co mmunications, consumer, privacy, regula tion,
telecommunica tions.
Introduction
The development of the new information technologies has brought about
a significant change in the innumerable facets of our social lives. This is clear to
see in the way people relate to each other, search for information, receive
commercial communications and acquire goods and/or services, mainly because
of the establishment of the network of networks, which represents one of the most
visible innovations of recent times.
Any company that wishes to prosper in today’s competitive global market
must apply new technologies to their day-to-day business activities in order to be
*
Ph.D. (with European m ention), Universidad de Sevilla (Spain), and Ph.D ., Universidad
Rey Juan Carlos (Spain). Re search professor at the EAE Business School. Madrid, Spa in.
E-mail: dlopezjimenez@gmail.com.
**
Ph.D., U niversidad de Huelva (Spain). Associate Dean. EAE Business School. Madrid ,
Spain. E-mail : ecdittmar@eae.es.
38
Consumer protection from abuses in commercial communications via ... (p. 37-60)
JIMÉNEZ, D. L.; DITTMAR, E. C.
Consumer protection from abus es in commercial communications sent via
radiofrequency
.
The La w, State and Telecommunicati ons Review
, Brasilia, v. 10, n. 1, p. 37-60, May
2018. [DOI: https://doi.org/10.26512/lstr.v10i1.21499]
constantly attuned to trends in sales, through the new media technologies. In this
sense, one of the most interesting aspects of the contract made with the consumer
is the pre-contractual phase, which refers to all those activities developed between
the parties before consent is granted for the per fection of the contract. In this
phase, the consumer and/or user is normally made aware of the essential
characteristics of the product and/or service that interests them, and about which
they can be informed by advertising that reaches them – both by traditio nal or by
virtual channels.
The protection that Spanish legislation affords recipients of electronic
commercial co mmunications on t heir mobile de vices mostly derives from
awareness of the supposed risks that arise when these communications are sent to
a medium of communication that is owned by the recipient. In other words, in the
cases we analyze, the advertisement is not sent o ut indiscriminately to an
indeterminate collective of subjects but targeted to specific individuals in a
personalized wa y. And for the electronic commercially-oriented message to be
received by the owner of the device –in our case the mobile device- requires the
sender to know a series of data that identifies that recipient or makes them
identifiable.
This study focuses on the electronic co mmunications sent for commercial
purposes to mobile devices, in particular those transmitted b y radiofrequency via
the bluetooth wireless networ k. We do not include in our analysis the activity of
file-swapping between individuals via bluetooth given that it is not covered by the
concept of information society services as determined by Law 34/2002, 11 July,
on the information society and electronic commerce se rvices (LSSI-CE in
Spanish).
Electronic commercial communications in relation to mobile devices:
the effects on privacy
For advertising to be disse minated via personal mobile communication
media, advertisers need to have access to databases that are not always available
in the public sphere – unlike, for example, landline phone numbers (STAZI,
2004).
Mobile media have two ways in which electronic advertising
communications can be received. One can be defined as traditional, as in browsing
a Web page or opening and reading an e-mail sent to the recipient’s e-mail in-tray;
the other, in the case of mobile phones or devices with bluetooth technology,
consists of receiving short text messages (SMS) and/or messages that include
images and/or videos – Multimedia Messaging System (MMS).
In the latter cases, access to Internet, via wifi networks or mobile phone
technology – WAP 2.0 –, determines that the personal information obtained when
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