Cold calling, the practice of contacting potential customers who have not previously expressed interest in a product or service, is a common marketing strategy in Egypt and worldwide.
This article explores the legality of cold calling in Egypt, whether companies are allowed to sell your data to data brokers, and how businesses, such as real estate companies, obtain your phone number.
Is Cold Calling Legal in Egypt?
Cold calling is generally legal in Egypt, but it is subject to regulations that aim to protect consumer rights and privacy. The primary legal framework governing marketing practices, including cold calling, is the Consumer Protection Law No. 181 of 2018. This law mandates that businesses must respect consumer privacy and avoid deceptive practices.
Relevant Laws and Regulations
Consumer Protection Law No. 181 of 2018:
- Article 2: Emphasizes the right of consumers to obtain correct information and data about the products or services offered to them, ensuring transparency.
- Article 36: Stipulates that businesses must provide clear information regarding their identity, the nature of the product or service, and terms of any contracts before completing any transactions.
Telecommunications Regulation Law No. 10 of 2003: This law regulates telecommunications in Egypt and includes provisions to protect consumers from unwanted communications. It empowers the National Telecom Regulatory Authority (NTRA) to oversee compliance and address consumer complaints.
Selling Data to Data Brokers: Is it Legal?
In Egypt, the sale of personal data to data brokers is a gray area that is not explicitly regulated by comprehensive data protection laws similar to the General Data Protection Regulation (GDPR) in the European Union. However, the Consumer Protection Law No. 181 of 2018 and the Telecommunications Regulation Law No. 10 of 2003 impose certain restrictions on data handling practices.
Data Brokers
Data brokers are companies that collect personal information from various sources and sell it to other businesses for marketing, risk management, and other purposes. They compile data from public records, online activities, and commercial transactions to create detailed consumer profiles.
Legal Implications
Consent: According to Consumer Protection Law No. 181 of 2018, businesses should obtain explicit consent from individuals before collecting and sharing their data. This means that selling data without consent could be considered a violation of consumer rights as per Article 2 and Article 36 of the Consumer Protection Law No. 181 of 2018.
Transparency and Purpose Limitation: Companies must clearly inform consumers about the purposes for which their data is collected and ensure that it is not used for purposes beyond those disclosed, as per Article 2 and Article 36 of the Consumer Protection Law No. 181 of 2018.
How Do Real Estate Companies Get Your Phone Number?
Real estate companies often obtain phone numbers through various means, including:
- Publicly Available Information: They may gather data from public records and directories where individuals have listed their contact information.
- Third-Party Data Providers: These companies purchase data from third-party providers or data brokers who compile consumer information from multiple sources.
- Online Platforms and Registrations: When consumers register on real estate websites, participate in online surveys, or enter contests, their contact information may be collected and shared with affiliated companies.
Legal Considerations
Egyptian companies must ensure that their data collection practices comply with Egyptian laws, particularly obtaining consent and providing clear information about data use, as mandated by Articles 2 and 36 of the Consumer Protection Law No. 181 of 2018.
Consumers have the right to know how their data is collected, used, and shared. They can also request the deletion of their data from company databases if they withdraw their consent. Unfortunately, while the spirit of the law allows for consumers to have control over their data, it is the case the there are not
Conclusion
Cold calling remains a legal marketing strategy in Egypt, but it is regulated to protect consumer privacy and rights. The sale of personal data to data brokers, while not explicitly regulated, must adhere to the principles of consent and transparency as outlined in the Consumer Protection Law No. 181 of 2018. Real estate companies and other businesses that engage in cold calling must ensure their practices are compliant with these regulations to avoid legal repercussions and maintain consumer trust.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.