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In Croatia, an AI agent may only make marketing calls to consumers and sole traders who agreed to automated calls beforehand. The rule is Article 50 of the Electronic Communications Act (Zakon o elektroničkim komunikacijama, ZEK). It exempts calls to companies and other legal persons, so those need no prior consent. HAKOM, the telecommunications regulator, has banned several robocall operations since 2023.
This page summarizes the law as of October 2026 to help you plan AI phone calls. It isn’t legal advice. Laws and how regulators apply them change, so check your use case with a lawyer before you start a campaign.

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At a glance

Only with prior consent, unless you call a legal person. ZEK Art. 50(1) reads:
“Uporaba automatskih pozivnih i komunikacijskih sustava bez ljudskog posredovanja, telefaksnih uređaja ili elektroničke pošte, uključujući SMS poruke i MMS poruke, u svrhu izravne promidžbe i prodaje dopuštena je samo uz prethodno pribavljenu privolu krajnjeg korisnika.”
In English: automated calling and communication systems without human intervention, fax, and email, including SMS and MMS, need the end user’s prior consent. This applies to direct marketing and sales. Article 50(4) says that paragraphs 1 and 2 don’t apply to such communications “prema pravnim osobama” (to legal persons). The rule therefore protects consumers, sole traders (obrt), and freelancers, because they’re natural persons. Companies, associations, and other legal persons fall outside it. Does an AI agent count as automated? Probably yes. HAKOM hasn’t ruled on conversational AI, but it banned a “govorni automat” (voice automaton) that sold products in August 2024. In a 2023 decision, it ordered a call center to make sure a human agent answers every connected call. An AI agent runs the whole conversation without a human, so treat it as automated, even if a colleague can take over. Calls to companies still need care. You process the contact person’s name and number, so the GDPR applies. You can usually rely on legitimate interest (GDPR Art. 6(1)(f)), but an objection to direct marketing ends all further calls (Art. 21(3)).

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Cold calls by a human

ZEK Art. 50 doesn’t cover calls a human makes. For consumers, the Consumer Protection Act (Zakon o zaštiti potrošača, ZZP) Art. 12 bans promotional and sales calls to numbers in the NE ZOVI register. Calls to businesses have no register. When you call consumers, you must state who you are, on whose behalf you call, and the commercial purpose at the start (ZZP Art. 72(3)). Persistent unwanted calls to consumers count as an aggressive practice under ZZP Art. 40(1)(3).

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Existing customers and callback requests

Croatia has no soft opt-in for calls. The existing-customer exception in ZEK Art. 50(2) covers email addresses only. An AI call to an existing consumer customer therefore needs consent. A callback request is consent for that call. Make your form say that an AI agent calls back, so the consent clearly covers an automated call.

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Do-not-call register: Registar NE ZOVI

The register still matters when you have consent. Consent given after registration overrides it (ordinance Art. 7(2)). But people can withdraw all earlier consents when they register, which voids your older consent. The register shows this flag and the registration date (HAKOM trader FAQ). ZEK uses the GDPR meaning of consent (ZEK Art. 5(2)). It must be voluntary, specific, informed, and unambiguous, and the person can withdraw it at any time (GDPR Art. 4(11) and Art. 7). You carry the burden of proof. For what botBrains asks before outbound campaigns, see before you start outbound campaigns.

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Tell callers they’re talking to an AI

Since August 2, 2026, Article 50 of the EU AI Act requires that people know they’re talking to an AI system, at the latest when the conversation starts. This applies to inbound and outbound calls, to consumers and to business contacts, and you can’t count on the exception for obvious cases when your AI agent sounds human. The default introduction already says that your AI agent is an AI, so keep that statement first when you edit it. When you call a consumer to sell something, the Consumer Rights Directive also requires you to name your company, anyone you call for, and the commercial purpose at the start. We found no Croatian rule specific to AI disclosure. ZZP Art. 72(3) requires your identity, the company you call for, and the commercial purpose at the start of a sales call. ZZP Art. 88(5) repeats this for financial services. ZEK Art. 48(1) bans faking the caller’s identity. Recommended introduction for outbound marketing calls in Croatian:
For inbound calls:
Edit the introduction per project, see introductions. To honor a request to stop calls, add guidance for objections and a Unitool that writes the objection to your CRM.

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Call recording

The Criminal Code (Kazneni zakon) Art. 143 punishes unauthorized recording of another person’s non-public words with up to three years in prison. In Kzz 2/2022, the Supreme Court made it turn on whether the recorded person gave explicit or tacit consent. So announce the recording at the start and offer a way to object. Under the GDPR, you need a lawful basis such as legitimate interest, and you must tell the caller about the recording (Art. 6 and Art. 13). A recording kept for quality isn’t biometric data unless you use the voice to identify someone (Art. 4(14) and Art. 9). In botBrains, pressing the star key stops and discards the recording, and the transcript stays. botBrains stores recordings, transcripts, and call data in the EU.

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Caller ID and calling hours

ZEK requires no caller ID or special prefix for marketing calls, but Art. 48(1) bans faking the caller’s identity. Callers see your botBrains number, and botBrains provisions Croatian numbers on request. Croatia sets no calling hours for phone calls. The ZZP only limits unsolicited home visits to working days from 8:00 to 20:00 (Art. 71), and we recommend you call within that window. In 2023, HAKOM also ordered a call center to stop calling people again who had refused. botBrains starts calls one at a time with Dial or the API. It doesn’t schedule campaigns, enforce calling hours, or screen the NE ZOVI register, so you handle that yourself.

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Sector rules

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Fines and enforcement

HAKOM banned automated sales calls by IVR Call Center (2023), Contact Center Premium (2024), and FG Energy Croatia (2024). Each placed hundreds of thousands of calls a month, and HAKOM first had their outgoing traffic blocked. Its 2024 annual report notes a rise in fraudulent automated calls. Croatia amended ZEK in May 2026 (NN 45/26) and the ZZP in June 2026 (NN 59/26). Neither change touched ZEK Art. 50 or ZZP Art. 12.

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Sources

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Next steps

Phone integration

Set up your phone line, introductions, and outbound calls.

Calling laws by country

Compare consent rules for AI calls across the EU, the UK, and the US.