Digital direct marketing

Rules for digital direct marketing

The main rule here is that as an organisation, you only are allowed to send digital direct marketing if you have received consent for this from the recipient. This requirement can be found in Article 11.7 of the Dutch Telecommunications Act (ban on spam).

There is 1 exception to this rule. You do not have to ask for consent if you approach your existing customers with offers for your own, equivalent products.

The rules for direct marketing originate from 2 laws:

• the General Data Protection Regulation (GDPR): provides general rules, including rules for advertising mail;
• the Dutch Telecommunications Act: provides specific rules on digital direct marketing (email, text and WhatsApp message) and telemarketing.

These rules are intended to protect people and organisations against too much digital advertising (ban on spam) and telemarketing.

Raising an objection

The Telecommunications Act gives people the right to raise an objection against the use of their data for digital direct marketing. If they have objected, you are no longer allowed to send them digital direct marketing.

As an organisation, you must clearly and explicitly give people the opportunity to raise an objection. You must do this when you receive their personal data and each time you send digital direct marketing. Moreover, you must make it easy for people to raise an objection, and to do this free of charge. For example, through an unsubscribe link.

Digital direct marketing addressed to companies

Do you, as an organisation, want to approach other organisations or companies with digital direct marketing? In that case, you also require advance consent from the recipients.

There are 2 exceptions to this rule:

1. A company has consciously published an email address for this purpose, such as 'salesoffers@remove-this-text.companyname.nl'.
2. You send digital direct marketing to a company in a country outside the EEA. In that case, you must meet the requirements applicable in that country for sending unsolicited communication.

Promotional mailings from hotels

As a hotel, you are obliged by law to record a number of data when registering your guests. For example, for keeping a night register. An email address is not part of such data.

Do you nevertheless want to ask for the email address along with the mandatory data? For example, for sending newsletters? Then you must indicate clearly that your guests are not obliged to state their email address. In addition, you must inform your guests properly about what you intend to do with the email address.