Stricter telemarketing rules in effect starting July 1: only allowed if customers have given consent

Starting July 1, consumers and small businesses (such as independent contractors and partnerships) will be given more protection against unsolicited telemarketing activities as a result of an amendment to the Dutch Telecommunications Act (in Dutch: Telecommunicatiewet). Currently, businesses are still allowed to call consumers and small businesses with commercial offerings if they are customers or have been customers in the past. Starting July 1, this will only be allowed if the person being called has given explicit consent in advance to receiving such calls. ACM sees that businesses are currently racing to obtain consent for future telemarketing activities before said deadline. ACM calls on individuals to carefully consider whether they wish to give such consent.

Martijn Ridderbos, Member of the Board of ACM, explains: “Many people experience telemarketing as bothersome, and are often pressured to make decisions quickly, with the result that they end up being stuck with contracts they don’t really want. The new rules give people more control over who can call them. We consider it important that all businesses comply with the new rules. Not just to protect consumers and small businesses, but also to ensure a level playing field for businesses.”

Starting July 1, businesses must have received explicit consent in advance (opt-in) for contacting customers by phone. This consent must meet all statutory requirements and cannot be obtained, for example, over the phone during a service call. The new rules apply to all businesses. The only exceptions are charities, lotteries that donate to charities, and publishers of daily newspapers, weekly newspapers, and magazines. They are still allowed to call current and former customers with offerings.

Businesses are still seeking consent at the moment

ACM has received reports that businesses are currently approaching consumers with the request to give consent for future telemarketing calls after July 1. That in itself is not prohibited, but consumers must be aware that, with such consent, they can still be called by the business in question after July 1. ACM therefore calls on consumers to think about this carefully before giving consent. Individuals that receive phone calls without having given their consent can file a report about this with ACM.

The right to object

Consumers that have previously given consent for telemarketing activities and later regret giving that consent can also withdraw that consent. Businesses that approach people by phone with offerings must also always offer the opportunity to remove these individuals’ details from their call lists. Also, people can exercise their ‘right to object’ and withdraw their consent. You can do so by saying during the phone call that you no longer wish to receive phone calls. In this way, you withdraw any previously given consent. Sellers must then immediately remove your phone number from their call lists, and are no longer allowed to call you. This obviously also applies to charities, lotteries, or newspapers and magazines with which individuals have or have had customer relationships.

The risks of telemarketing practices

ACM has, on many occasions already, issued warnings about the risks of telemarketing practices involving, for example, energy contracts or telecom contracts. These are often complex products, where it is best to take the time to carefully study them first. Consumers that do take out contracts through telemarketing activities always have a cooling-off period of fourteen days.