What laws and regulations apply to telephone Marketing?
Telephone marketing in the Netherlands is regulated by the Dutch Personal Data Protection Act (PDPA) and the Dutch Telecommunications Act. These laws protect personal information used for marketing and require privacy compliance for all telemarketing activities ( coe) ( nlgov).
What is the Do-not-call Register?
The Do-not-call Register (“Bel-me-niet Register”) was a national register enabling individuals and specific companies to indicate that they do not wish to receive unsolicited telemarketing calls. From July 1, 2021, this register was discontinued and replaced by stricter consent requirements for telemarketing- now, companies may only call consumers and small business entities if prior consent has been given or if there is a current customer relationship ( ziptone).
To whom and what does the Do-not-call Register apply?
The register applied to natural persons (consumers), sole proprietors, and partnerships residing or registered in the Netherlands. Larger legal entities could not be listed on the register. After July 2021, opt-in consent for calls is required for these groups ( ).
How do I comply with the (now repealed) Do-not-call Register?
Since 2021, telemarketing to new customers is only allowed with explicit prior consent. Cold calling is banned- the previous system allowing calls except to numbers on the register no longer applies. Companies can call existing or recent customers (with a business relationship of up to three years), but must ask in every call if the customer objects to further calls and immediately delete the customer’s number from marketing lists if requested ( nlgov) ( autoriteit). Use of automated call systems without human interaction is always prohibited unless the individual has given specific consent ( nlgov).
Additional telemarketing requirements include identification of the company and purpose at the start of the call, providing clear offer and decision information, and not targeting anyone reasonably believed to be under sixteen years old. Caller identification must always be visible (you must not use a private/hidden number) ( nlgov). Telemarketing calls are only allowed on working days between 9:00 am and 10:00 pm, and on Saturdays between 10:00 am and 4:00 pm; calls are not allowed on Sundays or public holidays ( ).
What are the risks of noncompliance?
The Dutch Advertising Code Committee (DACC) reviews complaints and can require that you stop unlawful telemarketing or publicize violations, although it cannot directly impose fines. More serious data or privacy breaches may lead to enforcement or fines from Dutch regulators ( autoriteit).