Legislation
Do you use telemarketing to reach clients? The rules are changing significantly. From 1 July 2026, the Dutch Telecommunications Act has been amended and you may no longer call consumers or freelancers for commercial purposes, even if they are existing clients or have been clients in the past.
Until now, it was permitted to call existing clients without prior consent. That exception disappears. From now on, all commercial and solicitation calls require a mandatory opt-in: the person must have given explicit consent in advance.
Before 1 July 2026, you were allowed to call someone if they:
1. Had given consent, or
2. Were or had been a client
From 1 July 2026, point 2 disappears entirely. Only explicit, demonstrable prior consent is a valid basis for calling. This applies to:
❌ Existing clients
❌ Former clients
❌ Anyone in your database without recorded consent
The law protects natural persons. In practice, these are:
✅ Consumers (private individuals)
✅ Freelancers operating through a sole tradership, general partnership, limited partnership or professional partnership
❌ Private limited companies (BVs) fall outside the protection as legal entities. B2B calling to BVs remains permitted.
📅 Entry into force: 1 July 2026
The Telecommunications Act comes into force on that date. The ACM supervises compliance and can impose fines for violations.
Yes. The Dutch House of Representatives has exempted three categories from the ban:
✅ Charities (ANBI institutions and charitable organisations)
✅ Lotteries that donate proceeds to good causes
✅ Publishers of daily newspapers, weekly newspapers and magazines
For all other sectors, including energy, telecoms, insurance, financial services and subscription services, the ban applies in full.
1. Review your client database: check for every number whether you have demonstrable, explicit consent to call for commercial purposes.
2. Remove numbers without consent from your call lists or stop calling until you have obtained consent.
3. Update your opt-in process: ensure new clients give explicit consent via your form, app or order process.
4. Document the consent: keep proof of when, how and for what purpose consent was given.
5. Train your team: make sure staff are aware of the new rules.
The 14-day cooling-off period for telephone sales remains unchanged. If you call someone on the basis of valid consent and they conclude an agreement, they still have 14 days to reconsider.
Have questions about this legislative change? Send an email to info@sarabeladministratie.nl.