From 1 July 2026, the rules governing telemarketing will change significantly. Organisations will no longer be permitted to contact existing or former customers by telephone for commercial purposes without their prior consent.
For organisations that rely on telemarketing for cross-selling, renewals or promoting additional services, these changes could have a considerable impact.
In this article, we explain what is changing, which exceptions remain, what this means for your organisation, and how you can prepare.
The Current Situation
Under Section 11.7 of the Dutch Telecommunications Act, the so-called soft opt-in currently applies. Organisations with an existing or former customer relationship may contact those customers by telephone with offers relating to their own similar products or services.
For many businesses, this has long provided the legal basis for promoting additional products or services—such as insurance policies, investment products or mortgage reviews—to existing and former customers.
What Will Change from 1 July 2026?
From 1 July 2026, this legal basis for telemarketing will be abolished. The Dutch legislator considers that consumers are still insufficiently protected from the pressure to enter into a contract during a telephone conversation.
The soft opt-in will, however, remain available for digital direct marketing channels such as email and SMS.
A Customer Relationship Is No Longer Sufficient
From 1 July 2026, an existing customer relationship will no longer constitute a valid legal basis for commercial telephone calls. This applies to all natural persons, including consumers and self-employed individuals operating as sole traders, general partnerships, limited partnerships or professional partnerships.
Going forward, consent will be the only valid legal basis for commercial telemarketing, and that consent must comply with the requirements of the General Data Protection Regulation (GDPR). This means that:
- Consent must be freely given, specific, informed and unambiguous;
- At the time consent is given, the individual must clearly understand what they are agreeing to;
- Withdrawing consent must be just as easy as giving it; and
- Pre-ticked boxes or consent hidden within general terms and conditions are not sufficient. Consent must result from a clear affirmative action.
In practice, this means that a significant proportion of existing calling lists may become unusable from 1 July 2026, including lists containing customers who have been with an organisation for many years.
When Can You Still Make Commercial Calls?
The legislation includes several important exceptions.
You may make a commercial offer without prior consent where:
- The customer initiates the telephone call. Up-selling and cross-selling during an inbound call are not covered by the new rules;
- You are calling a legal entity, such as a private limited company (BV) or public limited company (NV), and the commercial offer relates to that organisation; or
- Your organisation is a registered charity, a lottery that donates proceeds to charitable causes, or the publisher of newspapers, magazines or periodicals.
The Burden of Proof Lies with Your Organisation
One of the most important aspects of the new legislation is the burden of proof.
Commercial telemarketing will be prohibited unless the organisation making the call can demonstrate that valid consent has been obtained. In other words, it is not the customer who must prove that they did not give consent; it is the organisation that must prove that they did.
The Dutch supervisory authority has announced that it will actively monitor compliance with the new rules from 1 July 2026 onwards.
Hoe kun je je als instelling al voorbereiden?
Organisations would be well advised to take action now.
- Review your calling lists. Carry out a thorough assessment of your existing contact database. For which telephone numbers do you have verifiable consent, including the date, method of collection and the exact wording used?
- Obtain valid consent. Where consent is missing, seek it before the new rules take effect. Ensure that consent meets the legal requirements and is properly documented so that it is traceable and verifiable.
- Train your employees. Contacting a customer about their existing mortgage may not require consent. However, if the conversation moves on to recommending an additional product, that part of the call will fall within the scope of the new rules. Employees should understand where this distinction lies and how to handle such conversations appropriately.
- Review arrangements with third parties. If you use external call centres, ensure that they also comply with the new legislation. Monitor their activities and make clear contractual arrangements regarding the new legal requirements.
Vooruitblik
These legislative changes require more than simply updating your telemarketing policy. Organisations will need to reassess how they approach existing, former and prospective customers, as well as how consent is obtained, recorded and managed.
Those who begin preparing now will minimise disruption to their commercial activities and ensure a smooth transition ahead of 1 July 2026.
How Projective Group Can Help
Do you have questions about these legislative changes, or would you like to understand what they mean for your organisation?
Projective Group helps financial institutions translate new laws and regulations into practical processes and demonstrable compliance. We can help you assess the impact of the new telemarketing rules and support you with their implementation, ensuring your organisation is fully prepared for 1 July 2026.