End of the soft opt-in: telemarketing from 1 July 2026 only with consent

We've all been there: an unexpected call from an energy supplier, telecom provider, or insurer, and you're left wondering how they got your number. Until now, the answer was often: "you have been a customer of ours." Based on an existing customer relationship, companies are allowed to approach their (former) customers by telephone for similar products or services, the so-called soft opt-in. This practice will come to an end on 1 July 2026. From then on, telemarketing to consumers requires explicit, demonstrable consent. In this blog, we list the amendment to Article 11.7 of the Telecommunicatiewet (Tw) and provide practical tools to get your organisation compliant in time.

Reading guide

This blog is structured in six short chapters:

• What exactly will change? explained the legal core.

• What does this mean for you? the importance of the change at a glance.

• Five action points, what you can do today.

• For whom will nothing change (yet)? the exceptions.

• What about email and text messages? the difference between channels.

What exactly will change?

Article 11.7 of the Tw regulates the rules of the game regarding unsolicited communication. Since 2021, telemarketing to consumers has already been subject to an opt-in regime, with one important exception: companies were allowed to call existing or former customers (up to three years after the last purchase) for their own similar products and services. This was permitted provided that customers were informed when their telephone number was collected and were offered an opt-out with each call.

This exception, the soft opt-in based on a customer relationship, will expire on the first of July 2026 for telemarketing aimed at consumers. The amendment has been included in the Dutch Energy Act (Energiewet), which also amends Article 11.7 of the Tw. The Minister of Economic Affairs substantiates the tightening with the increasing number of complaints to the Dutch Authority for Consumers and Markets (Autoriteit Consument & Markt, ACM), in particular about telephone sales of energy contracts, and the need for better consumer protection.

In practice, this means: from 1 July 2026, you may only approach a consumer by telephone for commercial purposes if they have given prior, voluntary and specific consent. No permission = no phone call

What does this mean for you?

For consumers, the change in the law means more peace of mind and control. Anyone still called by an old telecom provider with "an interesting new subscription" can respond from 1 July 2026: without my permission, you weren't allowed to call.

The impact of the change in the law varies from organisation to organisation, but for companies that currently rely on telemarketing to (former) customers, such as in the energy, telecom, media and financial services sectors, the change is drastic. Anyone who continues to call without valid consent risks being fined by the ACM.

At the same time, the transition period until 1 July 2026 offers an opportunity: companies that start collecting and recording permissions now will retain a valuable channel.

Five action points

What does preparation look like in practice? We distinguish five action points you can start with immediately.

1. Start collecting opt-ins

For example, send an email campaign to existing customer databases with the message: "From 1 July 2026, we will only call you if you want us to. Do you give us permission? [Yes / No]". An energy supplier can link this to the energy contract and a telecom provider in a subscription renewal.

2. Add a consent question to existing contact moments

Think of online check-outs and account registrations. Always work with active choices and avoid checked boxes and vague formulations such as "marketing purposes".

3. Adapt your CRM and processes

A valid opt-in must be demonstrable. Therefore, record at least the following in a Customer Relationship Management (CRM) system or other files:

• whether someone has given permission;

• when that happened;

• for which product or service;

• whether the permission has been withdrawn in the meantime.

4. Train your employees

Everyone involved in telemarketing should know what GDPR-compliant consent entails: disclosed, specific, informed, and unambiguous. This also includes the correct formulation of objection and withdrawal options.

5. Whether consent for telemarketing was previously requested

Have consumers been asked for explicit permission for telemarketing in the past? Good news: in principle, these permissions remain valid if they have not been withdrawn. These consumers may still be called for commercial purposes after 1 July 2026, provided that certain conditions are met:

• Has the consumer been clearly informed about what consent has been given?

• Is the consent demonstrably registered in the CRM or another file?;

• During every call, give the consumer the right to object to future calls.

Keep in mind that consent "wears off" over time: the longer ago someone said "yes", the weaker that consent becomes legally.

For whom will nothing change (yet)?

Not everyone is covered by this tightening. The legislator has excluded three categories from the new rules:

• idealistic and charitable organisations (such as charities);

• lotteries that donate (part of) their proceeds to charities;

• publishers of daily newspapers, weekly newspapers and other periodical media.

The reason that these organizations are excluded from the new tightening is that telemarketing for idealistic and charitable purposes causes fewer problems in practice than in other industries.

A charity may therefore also call a former donor after 1 July 2026 to ask if they want to contribute again, provided that they remain transparent about costs and purposes, and offer an opt-out during every conversation.

What about e-mail and text messages?

A question that ties in with the above: does this tightening also apply to digital channels? The answer is no. For email and SMS marketing, the soft opt-in will remain. You may therefore continue to approach existing customers by e-mail or text message for similar products or services, provided that:

• the customer has been informed (up to three years after the last purchase) about the use of their data for marketing communications at the time of entering into the relationship;

• the email or text message concerns a similar product or service;

• the customer had the opportunity to object at that time;

• each message contains a simple unsubscribe option.

In practice, this means a split regime: from 1 July 2026, you may still email a consumer without a telephone opt-in for a similar offer, but you will no longer be able to call them. Why this difference? On the phone, the consumer can feel overwhelmed: the offer is fleeting and there is a pressure to say "yes" immediately. With email and text messages, consumers decide for themselves when to read, can review the terms and conditions, and have a reflection period before signing.

In conclusion

The abolition of the soft opt-in for telemarketing is a logical step in a long-running development: giving consumers more control over who can approach them. For consumers, it means fewer cold calls. For organizations that have set up their marketing smartly, this is mainly an operational challenge, not an insurmountable one. Start early, document everything, and use the transition period to collect and test opt-ins.

Want to know if your telemarketing, CRM and consent processes are ready for 1 July 2026? Or do you have questions about what falls under "similar products or services" for your email campaigns? We are here to help.