The legal rules for telemarketing have changed radically as of July 1, 2021. A company, organization or charity may no longer make unsolicited calls to consumers and unincorporated entrepreneurs such as sole proprietorships, general partnerships, partnerships and limited partnerships, for example, to sell a new subscription, product or service or to collect a donation for charity.
If there is already a customer relationship, calls may now be made for up to three years after the purchase or expiration of the contract for similar products or services that a person already purchases from an organization. A customer relationship occurs when a natural person purchases a product or service and leaves a phone number in the process. In the case of charities, a customer relationship arises when a natural person makes a donation, attends an event or volunteers.
The maximum period of three years has been imposed on itself by the industry. Should this self-regulation not work sufficiently or should the irritation among individuals about telemarketing barely diminish, then State Secretary Mona Keijzer (Economic Affairs and Climate) has the option through today's amendment to still set a statutory deadline.
State Secretary Mona Keijzer (EZK): "Good news for consumers that this change in the law will really come into effect, because unwanted phone calls are a major irritation. That's why enforcement from the regulator will be sharp. In addition, I will keep a finger on the pulse in the coming period to see whether the self-imposed maximum period to still be allowed to make calls in the case of an existing customer relationship works."
A consumer's permission to call may not be obtained under pressure. For example, the use of pre-ticked boxes on (Internet) forms is not allowed. Also, it should be as easy to withdraw consent as it is for someone to give consent.
A natural person can still exercise the right to object at any time. This means that the person indicates that he or she no longer wishes to be called. This applies even if there is a customer relationship or previous consent. It is forbidden to call an anonymous number for telemarketing purposes.
The Autoriteit Consument & Markt (ACM) is supervising compliance with the amended telemarketing rules. Anyone can report a violation of these rules to ACM ConsuWijzer. In case of enforcement, the calling party has the burden of proof. This party must prove that the call was made on the basis of consent or customer relationship and that there was no use of the right to object. If the calling party cannot sufficiently prove this, it is in violation and the ACM can enforce and also impose fines.
