Telemarketing

Consent for telemarketing

People used to be able to unsubscribe from telemarketing through the Do Not Call Registry. But due to a change in the law, this registry no longer exists. Instead, organisations now require priorconsentfrom natural persons (consumers, sole proprietorships, general partnerships) for telephone sales. This has been provided for in Article 11.7 of the Dutch Telecommunications Act.

Opt-out option

Even if natural persons have given consent, you must, as an organisation, offer an opt-out option with each telephone call you have with them. As soon as someone actually does this, you are no longer allowed to call that person. You can find more information about the right to opt-out in the case of telemarketing on the website of the Netherlands Authority for Consumers and Markets (ACM).

Exceptions

The following exceptions apply to the main rule that you are only allowed to call people if they have given priorconsent for this purpose.

1. Existing customers: you are allowed to call existing customers with a promotional offer for equivalent services or products without being asked to do so. Do you ask new customers for their telephone number? Then you must also immediately offer them the option to opt out from the use of their contact details for this purpose. In addition, you must offer the opt-out option with each telephone call you have with them.
2. Charities: are you a noncommercial or charitable organisation (charity)? Then you are allowed to call your donors, volunteers and people who attended manifestations of your charity without being asked to do so. Do you ask people who are new to your organisation for their telephone number? Then you must also immediately offer them the option to opt out from the use of their contact details for this purpose. In addition, you must offer the opt-out option with each telephone call you have with them.
3. Companies or persons with a profession or business: did a company (legal entity) or a natural person with a profession or business disclose contact details themselves? And is it clear that those details may be used for telephone sales? Such as a special telephone number for advertising or promotional offers? Then you are allowed to use these contact details for telemarketing.

Note: Is there a telephone number in the register of the Chamber of Commerce? Then this does not apply as consent for telemarketing. You are therefore not allowed to call this number for telephone sales. Unless it has explicitly been stated that the number is intended for this purpose.

The Telecommunications Act (telemarketing) does not apply to data about companies if these data cannot be traced back to individuals.

Number recognition must be enabled

Do you have someone's consent for telemarketing? Or does one of the exceptions apply to you? Then you are allowed to call, but disabling the number recognition of your telephone line is prohibited. You are therefore not allowed to call people anonymously.

Recording telephone calls

Do you, as an organisation, call someone on the phone? Or is someone calling you? Then you are allowed to record the telephone call (voicelogging) in some situations. You do not have to ask for consent for this purpose if you need the recording, for example, for the performance of an agreement.

Recording telephone calls may also be necessary for your legitimate interest. This means that you are allowed to use the recording for the ordinary course of business or the daily management of your organisation. In this case, you have to weigh up the interest of your organisation against the interest of the data subjects.

Examples of recording telephone calls

You may, for example, record telephone calls:

• if a customer buys something from you or concludes a contract with you by telephone;
• for assessing if a complaint made by a customer is justified;
• for improving the telephone services provided by your employees, for example at a call centre. Note: covertly recording telephone calls is permitted in exceptional cases only. 

Information about recording telephone calls

You must inform callers at the beginning of the call that the call will be recorded. In addition, you must let the caller know for what purpose you will use the recording of the call. Such as for training purposes.

Note: Including information about recording calls on your website or in your general terms and conditions is not enough.