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Special rules apply if you offer a service or product by telephone. Also, you must comply with the rules for remote selling.
The Dutch Do-not-call-me Register contains telephone numbers of consumers who do not wish to receive unsolicited calls for advertising or recruitment purposes. Should you do so, they may lodge a complaint with the Dutch ConsuWijzer organisation (Dutch). In case of violation, the Consumer and Market Authorities (ACM) could fine you. A distinction is made between new customers and existing customers.
You are not allowed to call consumers who are on the Do-not-call-me Register. If you call someone who is not on the register, you must inform them of the existence of the register. You must also offer them the possibility of entering the register. If they do, you must immediately remove them from your call list.
Existing or former customers
You are allowed to call existing or former customers. Even if they are on the Do-not-call-me Register. However, you must ask them whether they wish to remain on your call list. If they do not wish to do so, you must immediately remove them from your list and refrain from calling them again.
Rules for telephone conversations
- Immediately at the beginning of the conversation, you must give the name of the company or organisation for which you are calling, and announce that you are doing so for sales purposes.
- You are obliged to provide information during the conversation. You must inform the other party of what you are selling, the length of the reflection period and the costs.
- In certain cases, customers must confirm a contract in writing.
Companies and the Do-not-call-me register
Sole owners and (commercial) partnerships can be listed in the Do-not-call-me Register (Dutch). They are natural entities, and are covered by the same rules as new and existing customers. Legal entities, such as private or public limited companies, cannot be listed in the Register.