ePrivacy: Automatic Call Forwarding
Automatic Call Forwarding [Art 11]
Rule: Subscribers must be able to stop automatic call forwarding to their line by a simple means and free of charge.
Core Right
Article 11 states:
Member States shall ensure that any subscriber has the possibility, using a simple means and free of charge, of stopping automatic call forwarding by a third party to the subscriber’s terminal.
What is Automatic Call Forwarding?
Call forwarding is when calls to one number are automatically redirected to another number.
Key distinction:
- Subscriber’s own forwarding: You forward your own calls (not covered by Article 11)
- Third party forwarding: Someone else forwards their calls to your number (covered by Article 11)
The Problem Article 11 Solves
Without protection:
- Person A forwards all their calls to Person B’s number
- Person B receives unwanted calls intended for Person A
- Person B has no control and may incur charges
With Article 11:
- Person B can stop the forwarding
- Person B doesn’t need Person A’s cooperation
- Person B pays nothing to stop it
Requirements for Service Providers
| Requirement | Details | Citation |
|---|---|---|
| Simple means | Easy to activate stop mechanism | Art 11 |
| Free of charge | No fee for stopping forwarding | Art 11 |
| Subscriber control | Applies to subscriber’s terminal | Art 11 |
”Simple Means”
What qualifies as simple:
- Phone call to customer service
- Online account management portal
- SMS command
- Self-service menu on phone
What is NOT simple:
- Requiring legal action
- Complex technical procedures
- Multiple verification steps
- Waiting periods
”Free of Charge”
No fees for:
- Activating the stop mechanism
- Processing the request
- Technical implementation
May charge separately for:
- Premium account features unrelated to this right
- Other call management services
Who Can Stop Forwarding?
The subscriber whose terminal receives the forwarded calls can stop it.
Subscriber means:
- Person with contract for the line
- Business with the phone number
- Household with the service
Practical Scenarios
Scenario 1: Business forwarding to employee
- Company forwards office calls to employee’s personal mobile
- Employee leaves company but forwarding continues
- Solution: Employee (as subscriber of personal line) can stop forwarding
Scenario 2: Ex-partner forwarding
- After breakup, ex forwards their calls to former partner’s number
- Former partner receives unwanted calls
- Solution: Can stop the forwarding without ex’s cooperation
Scenario 3: Misdirected call forwarding
- Wrong number entered for call forwarding
- Stranger receives forwarded calls
- Solution: Can stop forwarding free of charge
Scenario 4: Shared family number
- Parent forwards calls to child’s number
- Child doesn’t want the calls
- Solution: Child (if subscriber) can stop forwarding
What Article 11 Does NOT Cover
NOT covered:
- Stopping your own call forwarding (subscriber controls their own service)
- Voicemail forwarding (internal network feature)
- Call transfer during active call (not automatic forwarding)
- Network routing (technical infrastructure)
Implementation by Service Providers
Typical mechanisms:
- Detection: Provider detects when line receives forwarded calls from third party
- Notification: Inform subscriber they’re receiving forwarded calls
- Control: Provide mechanism to block third-party forwarding
- Blocking: Technical implementation to reject forwarded calls
Technical approaches:
- Call screening at network level
- Forwarding rejection signaling
- Number-specific blocking
- Pattern detection (unusually high call volume)
Relationship with Other Rights
| Article | Relation to Call Forwarding |
|---|---|
| Art 8 | Caller ID control (separate from forwarding) |
| Art 10 | Emergency services (forwarding may be blocked for emergencies) |
Limitations
May not apply to:
- VoIP services (depends on Member State transposition)
- International forwarding from non-EU numbers
- Enterprise PBX systems (internal business systems)
- Service provider technical routing (not “automatic forwarding”)
Member State Implementation
National laws typically specify:
- Exact procedures for stopping forwarding
- Which types of forwarding are covered
- Time limits for provider to implement stop
- Complaint procedures
Penalties
Non-compliance by providers:
- Failing to provide stopping mechanism
- Charging fees for the stop
- Making process too complex
- Result: Regulatory enforcement, fines
Why This Matters
Privacy: Prevents unwanted calls to your line
Cost: Avoid charges for calls you didn’t request
Control: Subscriber autonomy over their terminal
Harassment prevention: Stop ex-partners or others from forwarding to you
Citation
Article 11, ePrivacy Directive