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.

It is advisable to prepare now by segmenting customer databases, collecting explicit opt-ins, and informing call center staff in good time.

Note: this year the ACM also announced that it is intensifying the enforcement of the current rules, focusing on energy and telecom companies. This means, among other things: only calling with demonstrable consent (or until 1 July 2026: where a customer relationship exists), transparency about costs and contracts, and compliance throughout the entire chain. Since 1 July this year, the ACM has been carrying out audits to monitor compliance.

Revised Email Code

Since 15 August 2025, the revised Email Code (in Dutch) has been in force. Not a major policy change, but more clarity and several stricter requirements:

• Clearer distinction between marketing messages and service messages (the latter do not fall under the Email Code).
• Obligation to demonstrate consent or an existing customer relationship.
• Clearer requirements for obtaining email addresses.
• Stricter rules for processing unsubscribe requests.

In short, the framework for direct marketing is tightening and the ACM is closely monitoring compliance. It is therefore essential to review marketing processes now and adjust where necessary. This way, direct marketing campaigns remain compliant and future-proof. We are of course happy to think along!

Lisa Peek