Previously, people could opt out of telemarketing through the Do-Not-Call Registry. This register no longer exists. Now it is regulated by the Telecommunicatiewet The main rule is that telemarketing with a commercial, idealistic or charitable purpose is only allowed towards natural persons who have given their prior consent or with whom there is already a customer relationship. Natural persons are consumers and the unincorporated legal entities: partnerships, sole proprietorships/ZP-ers, limited partnerships, and partnerships. It makes no difference here whether the communication is via automated systems or approach on a personal basis. ‘Cold’ calling to legal entities (such as a limited liability company or foundation) to make a commercial offer is permitted. No opt-in is required for this. However, calls must be made by a ‘real’ person. If you use an automatic calling system, you will also need prior permission from legal persons.
With electronic messages such as e-mail marketing and SMS, the regulations are the same for both legal and natural persons. The basic principle is that electronic messages are not allowed without prior consent if companies or individuals are not yet customers.
