Telemarketing is under pressure in various countries, which is leading to tightening of the rules here and there. In the Netherlands, too, the rules will become stricter in the near future. Earlier tightening in France proved insufficiently effective, which is why a full opt-in is now being introduced there.

In Sweden was the announcement of an investigation into a possible ban reason for trade association Konekta to take action. Regulation yes, but a far-reaching ban is considered to go too far. The argument: a ban leads to loss of jobs and of “a valuable contact channel for many consumers”.

In Germany the Bundesnetzagentur is responsible for monitoring the rules; tens of thousands of complaints are received each year and fines of almost one and a half billion euros are imposed. Outbound telemarketing is used relatively frequently in Germany.

In France blocking options and strict telemarketing rules failed to prevent watchdog DGCCRF received 2024 complaints from consumers in 51.870 regarding telephone canvassing. In France, telemarketing is only permitted on weekdays between 10:00 and 13:00 and from 14:00 to 20:00. Calls are prohibited on weekends and public holidays. Furthermore, a consumer may not be called more than four times per month by the same company for canvassing purposes.

The DGCCRF inspected more than 6.200 companies last year. More than half of these were found not to comply with the rules. Due to the persistent complaints and the shortcomings of the Bloctel list new legislation will come into effect shortly.

In Belgium the 'Don't call me anymore' list has existed for over ten years. 1,5 million people are registered, in 2024 the watchdog FOD Economy received approximately 4.000 reports about unwanted telephone advertising calls. The number of complaints has gradually decreased over the years. In 2024, FOD Economy launched the digital platform ConsumerConnect as a central reporting point for consumer complaints, where telemarketing complaints can also be submitted.

Netherlands: ACM to enforce more strictly

In the Netherlands, the Netherlands Authority for Consumers & Markets (ACM) received almost 2024 reports from consumers in 84.000 about a variety of problems, including aggressive or misleading telephone sales. This was an increase of more than 10% compared to 2023.

This year, the ACM announced more intensive supervision, which will focus on energy and telecom providers in particular. Companies have until 1 July 2025 to get their processes in order; after that, audits and possibly fines or penalty payments will follow.

In addition, the Energy Act came into effect in 2024, which includes restrictions on telemarketing. The Telecommunications Act is working towards a general ban on calling among customer relations, with an exception for charities, publishers and lotteries aimed at charities around sports, culture or welfare. The new telemarketing rules amount to an opt-in and will come into effect on 1 July 2026.

The rules on door-to-door sales are also being adjusted, including a new three-day cooling-off period and an obligation for providers to offer a digital cancellation function on their website or app. This function should allow consumers to cancel an agreement as easily as they concluded it, which resembles the American principle of 'click to cancel'.

More information about the new rules can be found at the DDMA, which also organizes a legal updateThe next step in Dutch regulation is the internet consultation for the bill, which can be found at internetconsultatie.nl.

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