In this second part, the focus shifts from the systemic framework outlined in the first part to the practical application of Law No. 49/2026, namely the concrete conditions that define when and how telephone contact may (exceptionally) become lawful again in the residential energy market. The aim is to clarify the actual scope of the ban and its operational consequences for market operators, highlighting areas of tension and alignment with the ePrivacy framework.
The analysis begins with the beneficiaries of protection and the personal scope of the rule, focusing on the distinction—often not fully overlapping—between “consumer” and “domestic final customer.”
It then examines the subject matter of the ban (unsolicited contacts aimed at proposing or concluding contracts for electricity and gas supply) and the system of exemptions, which reopens telephone marketing only upon an active request by the consumer or specific consent by the customer.
Finally, it considers safeguards for contact identification, the nullity of contracts concluded in breach of the rules, enforcement mechanisms and coordination between authorities, highlighting how the consumer-protection nature of the reform translates into a particularly significant burden of proof on professionals.
