Amendment to Telecommunications Act: ban on unsolicited telesales
The Telecommunications Act is changing as of 1 July. The biggest change is the disappearance of the Do Not Call Register. That will be replaced by an opt-in system. Companies may only call consumers if they give permission for this in advance.
Opt-out system
Until 1 July 2021, you had to undertake pro-active action yourself in order not to be called by telesales people. Your preference was documented in the legal Do Not Call Register (website is in Dutch). This is called an opt-out system. The disadvantage of this register is that even if you are registered, you may still be called by companies and organisations of which you are (or have been) a client to be offered new or similar services. This is a cause of great frustration for many consumers.
Opt-in system
The new bill turns the opt-out system into an opt-in system instead. According to the new rules, a salesperson may only call you if you have explicitly given permission for this. The new rules apply as of July 2021.
What will change for you?
- Companies and organisations that engage in telemarketing will soon only be able to call you if you have explicitly given permission for this.
- Companies and organisations are obliged to display their telephone number. You may no longer be called anonymously.
- Telemarketing activities involving existing clients will also be limited. There is a maximum period within which you may still be contacted with a new offer.
Overseas telesales
The new rules also apply to overseas companies that approach Dutch consumers by telephone. These companies must also abide by Dutch law. If they do not, the Netherlands Authority for Consumers & Markets can take action against them and may impose a fine.