Unsolicited electronic communications

Unsolicited electronic communications

Direct marketing and sale, using electronic communications systems, including SMS and MMS messages, is permitted only with the obtained prior consent from a physical person – subscriber or service user.

Any sending of SMS, MMS or calling the user by automatic dialling and communication systems to sell or market something, represents the infringement of Article 107 of the Electronic Communications Act.

Frequent examples of infringement of the above article include sending SMS messages whose content is not suitable for children and minors.

What to do if someone is sending you promotional SMS or MMS messages without your consent?

Report it to nezeljeni.sms@hakom.hr . In your report, indicate the number from which you have received the message, the date and time of the receipt, your number, your full name and the content of the message from which it is clear that it is a case of marketing. If possible, send this information as a snapshot of your phone’s screen showing the received message, and enclose it with your report.

The figure shows the example of an unsolicited SMS message with adult content sent from a number that was abused for the sending of SMS messages. The number was disconnected from the operator’s network upon the received report.

 What to do if someone is calling you and marketing its product or service without your consent?

In this case, which is considerably more rare than SMS messages, you can report the case in writing to HAKOM’s inspection or inform your operator about it. When sending the report to HAKOM, specify as many data as possible about the calls themselves and about the caller. Also, write your data: full name, the telephone number at which calls are received, the operator with which you have contracted voice service and your contact details.