If you use Aircall to make outbound calls to consumers in the Netherlands, a regulatory change taking effect on 1 July 2026 may affect how you operate. This article explains what's changing, who it affects, and what you can do to stay compliant.

Important: From 1 July 2026, every outbound commercial call to a consumer in the Netherlands requires prior, explicit opt-in consent, even if that person is or was your customer.

What's changing

The Dutch government is amending Article 11.7 of the Telecommunications Act (Telecommunicatiewet) to remove the "soft opt-in" exception. This exception currently allows companies to call existing or former customers without explicit consent. Once removed, that exception no longer applies.

The change was enacted through Article 7.8 of the Dutch Energy Act (Energiewet) and confirmed by Royal Decree in Staatsblad 2025, 89.

Who this affects

This applies to any organisation making outbound telemarketing calls to consumers or sole proprietors (zzp'ers) in the Netherlands, across all sectors.

The Dutch Authority for Consumers & Markets (ACM) has stressed chain responsibility: even if you use third-party agencies to make calls on your behalf, your company remains accountable as the business behind the offer.

Note: A narrow exemption remains for charities, certain lotteries, and newspaper or magazine publishers, who may continue using the soft opt-in under existing conditions.

What valid consent looks like

Consent must meet the GDPR standard: freely given, specific, informed, and actively indicated. In practice, this means:

  • No pre-ticked consent boxes.
  • No consent bundled into general terms and conditions.
  • No assumptions based on a prior purchase.

You must be able to demonstrate, with timestamped records and audit trails, that each contact gave valid opt-in before you called them.

Note: Making a commercial offer during an outbound service call counts as telemarketing and requires consent. However, the ACM has indicated that a relevant offer made during an inbound service call initiated by the customer may still be permitted.

Enforcement

The ACM has been auditing telecom and energy companies since mid-2025 and will issue a new round of information requests in August 2026 to verify compliance. Non-compliance can lead to orders with periodic penalty payments, and in some cases, fines.

Best practices to stay compliant

  • Verify you have explicit, demonstrable opt-in for every Dutch contact you plan to call after 1 July 2026.
  • Separate telemarketing consent from other permissions in your sign-up or onboarding flows.
  • Keep timestamped consent records. The burden of proof is on you.
  • Review your call scripts to ensure outbound service calls don't drift into unsolicited sales pitches.
  • Make it easy for contacts to opt out, via your website, account portal, or confirmation messages.
Tip: Consult your legal or compliance team to assess how these changes apply to your specific use case.

Learn more