Insights and Analysis
AI-washing – when AI hype becomes a litigation risk
AI-washing – when AI hype becomes a litigation risk
In luxury retail, client relationships are built on trust, personalisation and carefully managed communication. Direct contact with clients—whether through client advisors, concierge services or targeted outreach—is a key part of the value proposition.This model is now evolving under Spain's new regulatory framework on customer service and commercial communications. Recent measures published in the Boletín Oficial del Estado introduce stricter rules on how companies interact with consumers, with direct implications for luxury brands operating in Spain.
One of the most significant changes is the introduction of a mandatory “400” prefix for all outbound commercial calls.
Once the transitional period ends, all calls with a commercial purpose must be clearly identifiable through this prefix. In addition, telecom operators must allow consumers to block these calls by default, and the numbers will be outbound-only, meaning consumers cannot return missed calls.
While luxury brands do not typically rely on mass telemarketing, many clienteling and CRM-driven interactions may still qualify as commercial communications. As a result, these rules may apply more broadly than initially expected.
The new framework also standardises customer service contact channels. Companies must now offer support through:
This reinforces a clear principle: customer service must be accessible, transparent and cost-neutral for consumers.
Although the regulation has already entered into force, companies benefit from a six-month transitional period, with full compliance required by 17 October.
This period should be used to review communication strategies, adapt systems and ensure that all client contact channels—both outbound and inbound—are aligned with the new legal framework.
Luxury brands increasingly rely on direct, personalised communication with clients. Where these interactions have a commercial purpose, they may fall within the scope of the regulation, regardless of how selective or high-end the audience may be.
This means that compliance must be embedded into client experience design, not treated as a separate or purely technical requirement.
Authored by Adrián Fernández de Pedro.