If you send your customers newsletters or other direct mail, or if you have a call centre that calls clients to make them marketing offers, or if you use cookies or similar such technologies on your website, your activities are subject to the Telecommunications Act.

Direct marketing, cookie usage and other forms of telecommunications services used for marketing purposes are increasingly heavily regulated. At the same time, legislators do not wish to hinder innovation. As a result, there is some friction between new technologies and current and upcoming legislation.

The Telecommunications Act and privacy

The Telecommunications Act overlaps with several privacy principles. For instance, cookie law, which is laid down in Chapter 11 of the Telecommunications Act, combines both telecommunications and privacy protection. Direct marketing, too, involves both consumer protection and privacy aspects. Therefore, for a complete overview of your current obligations, you may have to look beyond the Telecommunications Act, to other pieces of legislation which may be relevant. Considerati will identify your requirements under the Telecommunications Act and other relevant legislation and will advise you on pragmatic approaches to ensuring that you comply with relevant legislation.

Now that new technologies are being introduced, the scope of the Telecommunications Act will be re-assessed, which may significantly affect the way in which you are currently providing services or intend to provide services. Considerati can help you get fully prepared for these new developments.

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Martine Wubben

Senior Legal Consultant

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Iris Tasevski

Legal Consultant