Soft opt-in for telemarketing abolished

As of July 1, 2026, an important amendment to Article 11.7 of the Dutch Telecommunications Act has taken effect. Whereas, until recently, organizations were still permitted, under certain conditions, to contact existing customers for commercial telemarketing without prior consent, that option has now been eliminated. The so-called “soft opt-in” no longer applies to telemarketing as of this date. From now on, prior consent is required in principle. 

For many organizations, this means more than just a legal change. Marketing strategies, CRM processes, consent records, and agreements with call centers must be reviewed. Organizations that have not adapted their telemarketing processes in a timely manner risk not only enforcement action by regulators but also civil claims and reputational damage. 

The expansion of the spam ban 

Article 11.7 of the Telecommunications Act sets forth the Dutch spam ban. This article regulates the use of electronic means of communication for unsolicited electronic communications for commercial, ideological, or charitable purposes. Although attention often focuses on email and text message marketing, telemarketing is also covered by this regulation. 

Until July 1, 2026, an exception applied to commercial phone calls for existing customer relationships. Organizations were permitted to contact customers by phone regarding similar products or services, provided that, when their contact information was obtained, they had been informed of their right to object and had not exercised that right. This exception was known as the “soft opt-in.”  

That exception has now been abolished for commercial telemarketing. From now on, the same principle applies to existing customers as to new customers and prospects: no commercial phone calls without prior consent. 

Why was this amendment introduced? 

The legislative amendment stems from public concerns and complaints about aggressive sales practices, particularly within the energy market. The Dutch House of Representatives noted that telemarketing and door-to-door sales frequently led to unwanted sales tactics and problems for vulnerable consumers. The government was therefore asked to take measures to combat these practices. 

Although a complete ban on telemarketing was not considered feasible at the time from the perspective of EU law, another solution emerged during the deliberations on the Dutch Energy Act. Through an amendment, it was decided to abolish the “soft opt-in” for warm customer relationships. This amendment is set forth in Article 7.8 (Amendment to the Telecommunications Act) of the Dutch Energy Act. 

What does this mean in practice? 

The practical impact of this legislative change is significant. After all, many organizations have based their outbound telemarketing on existing and former customer relationships for years. Many CRM systems contain customer segments that could previously be automatically used for outbound telemarketing. Organizations would therefore be wise to critically assess these databases. If there is no demonstrable consent for telemarketing available for individuals, they may no longer be contacted by phone for commercial purposes.  

Organizations must be able to demonstrate that legally valid consent has been obtained. Valid consent must be freely given, specific, informed, and unambiguous. Implied consent, pre-checked boxes, or general terms and conditions in which consent is “hidden” do not meet these requirements. For organizations, this means that not only must the consent itself be in order, but the entire chain of evidence must be complete as well. This includes information about when consent was granted, what information was provided at the time and through which channel, what exactly the consent covered, and whether or not consent was subsequently withdrawn. 

This documentation will play an important role in the event of an investigation by the Netherlands Authority for Consumers and Markets (ACM) or the Dutch Data Protection Authority (AP). 

Not everything has changed 

The legislative amendment applies exclusively to commercial telemarketing. The soft opt-in for email and text message marketing remains in effect. Organizations may therefore still contact existing customers for these purposes, subject to certain conditions, without requiring prior consent. 

For non-profit and charitable organizations as well, the existing exception remains largely in place. These organizations may continue to use the soft opt-in under certain conditions. The legislature has thus deliberately drawn a distinction between commercial and social purposes. 

The Implications for marketing and compliance 

For marketing departments, this legislative change means that telemarketing can no longer be taken for granted in the case of an existing customer relationship. The emphasis is shifting toward carefully obtaining and managing consent. This requires collaboration among marketing, legal, privacy, compliance, and IT professionals. 

In practice, organizations will need to ask themselves the following questions, among others: 

• Are our current consents still legally valid?
• Can we demonstrate that valid consent has been granted for every (potential) customer we call or who is called on our behalf?
• Do our CRM processes align with the new legal requirements?
• Is our governance regarding consent and objections properly structured?
• Have our call centers and external telemarketing partners been adequately trained, and are the contracts with these parties in order?

These organizational aspects ultimately determine whether your organization is acting in accordance with the new rules. 

Have your procedures and processes reviewed now 

Marketing, privacy, and consumer law are closely intertwined. The elimination of the soft opt-in for telemarketing underscores the need for organizations to comprehensively reassess their marketing processes (or have them reassessed). This involves not only updating your legal documentation but also reviewing the configuration of CRM systems, internal work instructions, and processes. 

Are you unsure whether your organization complies with the new rules, or would you like to have your marketing processes reviewed as a preventive measure? Please do not hesitate to contact us to assess the risks and to ensure that your telemarketing, email, and SMS marketing are both future-proof and compliant.