/ Official Gazette publishes Sernac’s “Anti-spam” regulations

27 February, 2020

On February 13, 2020, Decree No. 62 of the Ministry of Economy was published in the Official Gazette, which approves the regulations of the “Anti-spam” system that the National Consumer Service (Sernac) had set up on its website.

The regulation regulates the electronic system implemented by Sernac that allows consumers to request the suspension of any undesired promotional or advertising communication, whether by telephone calls, messaging or e-mails. It also allows suppliers to voluntarily register to be aware of requests for suspension made by consumers.

The right to request the suspension of the sending of promotional and advertising communications shall deem to be exercised as from such a request is made in the “Anti-spam” system, such communications being prohibited as from this moment. Consequently, suppliers must always review the system, prior to the start of advertising campaigns or the sending of this type of communication.

The mechanism for suspending the sending of such communications is without prejudice to the direct requests that consumers can make to the supplier, as well as the maintenance of the supplier’s obligation to indicate an e-mail or other expeditious means so that consumers may directly request the suspension.

Sernac may monitor compliance with requests for suspension by companies and may report suppliers who do not comply with the suspension of the sending of communications to customers. If they are reported, companies are liable to pay fines of up to 300 UTM.

This prohibition only affects advertising communications, so companies may continue to send transactional communications, such as bank statements, policies, regulatory mailings (mutual fund withdrawals, summonses to shareholders’ meetings, among others). It is recommended that promotional messages not be included in these transactional mailings.


Manuel Sotelo