Following the recent publication of Royal Decree 88/2026, of 11 February, approving the General Regulation on the supply, retail and aggregation of electricity, it is worth recalling and summarising the complex legal regime applicable to commercial communications in the electricity sector, which has been strengthened to increase consumer protection against unsolicited calls (known as “cold calls”).
The general framework of consumer protection
As a starting rule, distance commercial communications are permitted, but under strict limits. Royal Legislative Decree 1/2007, approving the consolidated text of the General Act for the Defence of Consumers and Users (LGDCU), sets out various obligations in its Article 96, such as stating the trader’s identity at the start of the conversation, making calls within permitted hours, and the prohibition on calling on public holidays or at weekends.
Likewise, Article 66.1 of the General Telecommunications Act 11/2022 (LGT) establishes users’ right not to receive unsolicited commercial calls, unless there is prior consent or a legitimate basis for data processing under Regulation (EU) 2016/679.
Accordingly, the following are not permitted:
- making automated calls without human intervention where the user has not consented to this;
- making unwanted commercial calls, unless there is prior consent, or any other legitimising basis provided for in Article 6.1 of Regulation (EU) 2016/679 on the processing of personal data applies (for example, that the call is necessary for the performance of a contract with that user).
In addition to the provisions of the General Telecommunications Act, on 12 February 2025 the Ministry for Digital Transformation and the Civil Service approved Order TDF/149/2025, which provides for a general prohibition on making unsolicited commercial calls from mobile numbers. This prohibition, which entered into force on 7 June 2025, also extends to the provision of customer-service functions.
What’s new: the regulation of customer-service functions and call identification
The recent Customer Service Act 10/2025 (LSAC) — whose regulation in the energy sector we analyse in our article “The regulation of customer-service functions in the energy sector” — introduces a radical separation between customer service and commercial activity:
- Separate provision: companies must clearly separate their customer-service functions from their sales activities.
- Ban on cross-selling: a customer-service call (for example, to report an incident or dispute a bill) may not be used to offer new products or services, unless the customer expressly requests it or the offer is a direct improvement related to resolving their problem.
- Specific numbering: the law requires the use of distinct number codes so that users can identify whether a call is service support or commercial.
As part of the implementation of the LSAC, a thorough restructuring of the allocation of public numbering resources is under way. Through two draft resolutions of the Secretariat of State for Telecommunications and Digital Infrastructure (currently under public consultation), companies making commercial calls will be required to use the 400 range, a code designed to identify exclusively all calls for commercial purposes. The proposed rules also redefine customer-service channels in order to guarantee accessibility and that they are free of charge for the user. These services must be channelled exclusively through freephone numbers (800, 900 prefixes), standard geographic numbering or short numbers (1XYA).
The new sector-specific regulation: consent, recording and contract nullity
The recent approval of Royal Decree 88/2026, establishing the new General Regulation on supply, retail and aggregation (RD 88/2026 or the Regulation), marks a qualitative leap in consumer protection vis-à-vis electricity retailers. These rules not only consolidate the existing legal framework already applicable to electricity retailers but significantly strengthen it, raising the compliance standard required of sector companies to ensure more transparent and secure contracting processes.
One of the fundamental pillars of this reform is the express prohibition of unsolicited telephone advertising. Applying the general rule of the LGT, Article 13.y of the Regulation establishes that retailers are strictly prohibited from making calls for contracting purposes to natural persons who have not previously given express, unequivocal and informed consent.
In this regard, the rule introduces a very strict expiry criterion: consent will be deemed not to exist where it has not been obtained or renewed within the two years prior to the date of the call, thereby eliminating the validity of obsolete authorisations.
In order to guarantee the transparency and traceability of contracting processes, RD 88/2026 makes it mandatory to record the commercial sales call in full. This recording cannot be limited to the moment of closing but must include all the pre-contractual information provided to the user and their explicit consent to be recorded. Retailers are also required to keep these files and to provide them to the customer within a maximum of 20 days if requested, thereby reinforcing their right of access to information.
Finally, the new framework established by the LSAC and the Regulation gives consumers a powerful defence tool through the concept of contract nullity. Any contract entered into by telephone in breach of the restrictions on unsolicited calls will be considered null and void. This measure is based on the presumption of a lack of genuine intention to contract, penalising aggressive commercial practices and ensuring that the electricity market operates under principles of respect and legality.
This new body of rules complements and, in many respects, repeals or updates the provisions of the Electricity Sector Act 24/2013 (LSE) and Royal Decree 1955/2000 regulating the transmission, distribution, retail, supply and authorisation procedures for electricity installations (RD 1955/2000). While RD 1955/2000 focused on technical and supply-quality aspects, the new framework focuses on commercial transparency and consumer protection, with the consumer as an “active participant” in the energy transition.
Sector compliance with these rules is constantly supervised by the CNMC, as shown by its Supervision Report on the sales forces contracting for electricity and gas retailers, dated 9 January 2025.
Conclusion: a new paradigm of protection and transparency
In short, the current regulatory ecosystem sets a clear roadmap for electricity retailers seeking excellence in their sales processes, and establishes a zero-tolerance scenario for invasive commercial practices.
This regulatory framework ensures that transparency and consumer consent return to the centre of every commercial relationship — a differentiating value that secures the positioning of those retailers committed to good commercial practice.