What Are the Rules for AI Outbound Calls in Spain, and What Is the Lista Robinson?

Short answer: in Spain, people have a right not to receive unwanted commercial calls (article 66.1.b of the General Telecommunications Law, Ley 11/2022). The data-protection agency, the AEPD, says such calls need consent or a legitimate interest you have weighed in advance, and the law on data protection (LOPDGDD, article 23) requires you to check advertising exclusion systems, of which the Lista Robinson is the best known, before direct marketing, unless the person has consented to your business. The product does not screen against the Lista Robinson or collect consent. That is your job.

What follows is a plain-language reading of official texts on 25 October 2026. Read the official text; this is not legal advice.

What does the law say about commercial calls?

The right not to receive unwanted commercial calls sits in article 66.1.b of Ley 11/2022, the General Telecommunications Law. The AEPD set out how it applies in Circular 1/2023, published in the BOE on 28 June 2023. According to its text:

• Besides consent, such calls can rest on legitimate interest, if you weigh it beforehand and can justify it to the AEPD.
• Commercial calls to randomly generated numbers need the person's prior consent.
• The AEPD presumes the processing lawful where there is a prior contract, the contact details were lawfully obtained and the call is about similar products of your own business. It does not presume a reasonable expectation where there is no current contract and no interaction in the last year.
• At the start of each call you must say who you are (and for whom you call), that the call is commercial, and that the person may withdraw consent or object.
• Any clear sign that the person does not want these calls must be treated as an objection and acted on immediately.
• The circular recommends recording the call as a way to show you followed the data-protection rules.

The circular leaves out automated calls and faxes, which fall under paragraph 66.1.a of the same article. We could not verify how an AI voice agent is classified, so take advice and plan on the stricter view.

What is the Lista Robinson?

The Lista Robinson is an advertising exclusion service run by Adigital, the Spanish digital-economy association. According to the AEPD press note of 8 April 2019, people can opt out by channel (phone, SMS, email, post) and by sector, and companies check their lists through an API. At that date the service was free for small and micro businesses and self-employed people up to 30,000 records consulted a year; check the current terms on its website. Article 23 of Ley Orgánica 3/2018 says anyone who intends to do direct marketing must consult the relevant exclusion systems beforehand and remove those who have opted out. Consulting the systems on the AEPD's published list is enough. The check is not needed for people who have consented to receive communications from your business.

Do I need to worry about business-to-business calls?

Article 19 of the LOPDGDD presumes the processing of professional contact details lawful (as a legitimate interest, unless shown otherwise) where the data is limited to those details and used only to keep up a relationship with the organisation. The Circular refers to that article for staff of companies, sole traders and professionals. It is a presumption, not a licence: ask your adviser how far it reaches for cold sales calls.

What about the 400 number range?

A resolution of 14 April 2026 (BOE, 16 April 2026) assigns the 400 code for outbound commercial calls only and says that companies covered by Ley 10/2025 may not use any other range for commercial calls once the range is operational, within six months of its entry into force. Ley 10/2025 covers certain sectors (water, gas, electricity, passenger transport, postal, electronic communications, financial services) and larger companies (250 or more employees, over 50 million euros of turnover or over 43 million euros of balance sheet, alone or in a group). If that is not you, the rule may not apply; if it is, you need a number in that range. Whether the carriers behind Twilio, Telnyx or Plivo offer it, we have not verified.

How should a campaign be set up?

1. Decide the legal basis for each list: consent, or a legitimate interest you have weighed and written down.
2. Check the exclusion systems before you upload, and drop anyone who has opted out.
3. Write the opening line: who is calling, for which business, that it is an automated assistant, that the call is commercial, and how to object.
4. Set calling hours for each campaign, on the called person's clock. The platform sets no window of its own. We did not find a national calling-hours rule in the texts we read, so ask your adviser whether a sector or regional rule applies.
5. Keep a do-not-contact list and add anyone who objects, at once.
6. Keep the records: the product stores a transcript and outcome of each call, and recording is a per-agent switch, off by default.

What does the product not do?

• It does not screen numbers against the Lista Robinson or any register.
• It does not collect or check consent.
• It does not announce itself as an AI unless your opening line says so.

Answering your own inbound calls is a different matter from cold calling, and most businesses start there. See voice campaigns, the post on where to start, the Spain page and the AI receptionist.