Direct Marketing Under Scrutiny: Tighter Rules And Enforcement

Direct marketing is in the spotlight. The ACM is already enforcing existing rules for telemarketing more strictly, while stricter rules are on the way. In addition, with the update of the Code for Distribution of Advertisements by Email ("Email Code"), the rules for email marketing have been tightened. A short overview:

Telemarketing

As of 1 July 2026, the rules for telemarketing will be tightened: from that date, companies may no longer call existing customers without their consent. Since the abolition of the "Do Not Call" register in 2021, an opt-in system has applied to telemarketing, but with an exception for existing customers. That exception in Article 11.7 of the Dutch Telecommunications Act will lapse on 1 July 2026. From then on, only those who have given prior explicit (opt-in) consent may still be contacted by telephone, including existing customers.