Since July 1, 2021, telemarketing has become a bit more difficult. On that day, the amendment to the Telecommunications Act came into effect, which states that companies are not allowed to call consumers unsolicited to offer products or services. In this blog we tell you everything about this law and how you can easily be compliant with it.
The amendment to the Telecommunications Act came into effect on 1 July 2021. An important law, in which some things have changed in the field of opt-in in telemarketing. In this article we summarize the most important points.
Four things will change with the amendment of the Telecommunications Act:
- The opt-out system is now an opt-in system;
- Existing customer exception requirements will be the same as email;
- The maximum term for the use of the customer relationship starts at the end of a contract or service. This can still be changed by an Order in Council;
- The concept of customer relationship has been broadened for charities.
Telemarketing Opt-In: What Does It Look Like?
What does a telemarketing opt-in actually look like? Just like with e-mail. For example, you may not only request permission to contact someone by email, but also by phone. This must then be a separate opt-in, because you may not combine the permission for email and telephone.
The Telecommunications Act does not apply retroactively. That means you don’t have to approach your existing customers with an opt-in, but new customers do.
Opt-in telemarketing and requested communication
In addition to opt-in, you also have requested communication, whereby the consumer requests communication on his own initiative. You must communicate clearly about the provider, the offer, the channel and then you can make a one-time call. You do not have to offer the Call-me-not Register and the right to object for these calls. If someone has given permission, the limitation of one-time calling does not apply.
What about a customer relationship?
If you want to call under the customer relationship exception, you must clearly state the use of any fundraising when obtaining the phone number and provide a clear unsubscribe option. You can approach this the same as with e-mail.
Keep in mind that a customer relationship must involve a financial transaction. If someone has requested a quote, you are not allowed to save that information to call later. Incidentally, this is an interpretation of the regulator ACM.
In addition, there are a few other conditions that fall under the customer relationship:
- The communication is sent from the same legal entity. You are therefore not allowed to make commercial calls to your subsidiary’s customers.
- When you have collected the phone number, you have informed the data subject that it will be used to make commercial calls.
- It only concerns its own and similar products and services, which the recipient can logically consider to be part of your offer.
- When collecting, you have given the option to object (the opt-out / right to object).
The latter is new in telemarketing land. When the law comes into effect, you will therefore have to offer the right of objection when collecting telephone numbers in order to be able to invoke the exception for customers. This only applies to customers who become customers after the amendment of the law. There is a transitional arrangement for customers from before that time.
Would you like to know more about the new telemarketing opt-in and the right to object? Check out the DMCC website .
How can you be compliant with the Telecommunications Act?
The Telecommunications Act has made it even more important that you properly record opt-ins and keep your data pure. In Steam-connect it’s all made even easier. We ensure that you keep all your customer data bundled and that your agents can immediately register an opt-in. Knowing more? Just request a demo .