Telemarketing rules 2026: calling is only allowed with consent

As of July 1, 2026, stricter telemarketing rules will apply. You will no longer be allowed to contact potential customers — consumers — by telephone for sales purposes without their prior consent. The system is being reversed: no more “do not call” to unsubscribe, but a prior opt-in. If you call without consent anyway, you risk a fine from the ACM. Exceptions apply under certain conditions for charities, charity lotteries, and publishers. Below, you can read what is changing, for whom, and how to properly record consent.

The short answer

• What: Unsolicited sales calls to consumers are no longer allowed without prior consent.
• From opt-out to opt-in: the old “do-not-call” system is being phased out; you now need prior permission.
• For whom: entrepreneurs who call consumers (private individuals) for sales or recruitment.
• Exceptions: charities, charity lotteries, and publishers may still call under certain conditions.
• Risk: calling without permission can result in a fine from the ACM.
• When: from July 1, 2026.

What changes (opt-in)

Until now, telemarketing has used an opt-out mechanism with consumers: in principle, you were allowed to call unless someone had opted out (for example, via the Do Not Call Register or by declining further contact during the call). The burden of proof lay with the consumer to indicate that they did not wish to be called.

From July 1, 2026, that will be reversed. The new 2026 telemarketing rules make an opt-in mandatory: you may only call a consumer for sales purposes if that person has given prior consent. No consent means: no phone call. The burden of proof therefore shifts to the entrepreneur — you must be able to demonstrate that someone gave consent and for what.

This fits within a broader framework of consumer protection and privacy regulations. The underlying rationale aligns with the principle of consent, which you also know from the GDPR: contact based on a free, specific, and informed choice by the consumer, not on the failure to unsubscribe.

It is important to be clear: the rules apply to unsolicited sales calls to consumers. If you call a business client (B2B), or return a call to someone who requested contact, the situation is different. The ban focuses on cold calling private individuals without their consent.

For whom and which exceptions

The new rules primarily affect entrepreneurs who approach consumers by telephone for sales, subscriptions, or recruitment without a prior request or consent. Examples include energy, telecommunications, insurance, or other services traditionally sold by telephone.

There are three categories that are still allowed to make calls under conditions:

• Charities. Organizations dedicated to an idealistic or social cause may still solicit donations by telephone under certain conditions.
• Charity lotteries. Lotteries that donate proceeds to charities fall under the same exception.
• Publishers. Publishers may still make phone calls under certain conditions, for example for subscriptions.

Please note: an exception is not a free pass. These organizations must also adhere to the conditions and other rules, and you must respect a consumer who indicates they do not wish to be called. Are you unsure whether your situation falls under an exception? Do not simply assume so — the burden of proof and the risk of fines lie with you.

How do you record consent

Because the burden of proof lies with the entrepreneur, documenting consent is at the heart of compliance. Consent must — just as under the GDPR — be free, specific, informed, and unambiguous. In practice, this means:

• Separate and active. No pre-ticked box and no consent “hidden” in general terms and conditions. The consumer must perform a conscious action, for example, checking a box.
• Specifically for telephone contact. Make it clear that this concerns a telephone approach for sales or recruitment, and on behalf of which party.
• Verifiable. Record who gave consent, when, via which channel, and for what purpose. Preserve the source (form, screen text, time stamp).
• Revocable. The consumer must be able to withdraw consent just as easily as they give it. Process unsubscribes directly in your call list.

In practice, consent that you cannot prove does not count. Therefore, invest in a watertight record: a log entry containing the date, channel, and the exact text used to request consent is worth its weight in gold if the ACM asks questions.

What does this mean for your sales/marketing

For sales and marketing teams, this represents a significant change of course. Cold calling campaigns targeting purchased or scraped consumer databases are becoming risky: you are not allowed to call those numbers without demonstrable opt-in. This impacts both your processes and your data sources.

• Review lead sources. Check each file to see if it includes valid, demonstrable consent for telephone contact. If not, calling is not an option.
• Build consent in on the front end. Add a clear opt-in to your forms, landing pages, and sign-up flows — with a separate question for phone contact.
• Existing customer relationship: be cautious. Broader possibilities sometimes apply to existing customers, but that is not an automatic license for every sales call. The boundaries of this are nuanced; do not simply assume “it is a customer, so I can call”.
• Scripts and training. Adjust call scripts so that agents verify consent and process cancellations correctly.

Many agencies are simultaneously shifting their budgets to channels where consent is easier to organize, such as email marketing with opt-in, callback requests, and inbound. Do you want to know if your costs and approach are proportionate? Read also why an hourly rate below 38 euros is often a red flag.

When

The stricter telemarketing rules for 2026 will take effect on July 1, 2026.From that date, the opt-in requirement applies to unsolicited sales calls to consumers. Do not wait until the last moment: getting your call lists and consent registration in order takes time, and everything must be in place by the effective date. Additionally, keep an eye on announcements from the ACM and the central government regarding practical implementation.

What can you do right now

1. Inventory your call lists. Which consumer numbers are you currently calling, and on what basis? Mark everything without demonstrable opt-in.
2. Implement opt-in. Add a separate, active consent request for telephone contact to forms and registration flows.
3. Set up your registration. Record for each contact who gave permission, when, via which channel, and for what purpose — and retain the source.
4. Manage the unsubscribe process. Ensure that cancellations are processed immediately in your system and call file.
5. Check the exception. Do you possibly fall under charities, a lottery, or a publisher? Have the terms and conditions checked instead of assuming it.
6. Train your team. Adapt scripts and instruct agents on verifying consent and processing logouts.

Honest recommendation

If you do not cold-call consumers, you have little to worry about — for B2B and for people who requested contact themselves, not much actually changes. Above all, do not panic and overhaul your entire sales process. What *does* pay off: ensure your consent registration is watertight, because being able to demonstrate an opt-in is precisely what determines whether you are safe. Do not rely too easily on the existing customer relationship exception or on one of the category exceptions; these are nuanced and the risk of a fine lies with you. Are you unsure whether your calling campaigns will still be allowed, or whether your consent texts hold up legally? Then have this checked before July 1st passes — a quick check now will prevent an ACM fine later.

Read more about business law on the MKB Juristen blog.

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