Direct marketing and the law

Edited 5 December 2024
1 min

Do you use direct marketing for your business, for example, when approaching new customers? You may only approach consumers and companies directly for commercial purposes if you follow certain rules. It does not matter if you got their details from KVK, a commercial data supplier, or the internet.

GDPR privacy legislation

The GDPR protects the use of personal data, not company data. Personal data are data that can be used to identify a person. Companies and agencies that use personal data are required to comply with the GDPR, also when purchasing personal data from the Business Register.

Many self-employed people (zzp’ers), for instance, work from home. This means that their business address is generally identical to their home address, making it personal data. In that case, you are not always allowed to use their address.

If someone is, or has been, a customer, you are allowed to approach them to offer them similar products and/or services. In all other cases, you must obtain consent first or need another legal basis to use their address. Anyone may withdraw their consent at any time.

Calling leads

The Telecommunications Act bans unsolicited telephone sales to consumers, sole proprietors, general partnerships, and professional partnerships. You are only allowed to call when the person has given prior consent (opt-in), or if there is a customer relationship. Telephone market research is allowed but make sure to check the MOA Research filter (in Dutch) first. This register lists individuals who have opted out of telephone market research.

Mail or door-to-door sales

You are not allowed to send commercial mail to businesses that have notified KVK that they do not wish to receive commercial mail by activating the Non-Mailing Indicator (NMI). Our databases have a separate NMI data field. You can also request files that automatically exclude companies with an NMI. We recommend that you also consult the NMI if you receive address information from third parties (not directly from KVK). Moreover, you should always clearly indicate how recipients can opt out from receiving commercial mail. The same requirements apply to door-to-door sales.

Emails and digital messages

Sending digital messages for commercial purposes is banned in the Netherlands. This includes not only email but also phone messages (texts or MMS messages), and messages via forums and social media. This is governed by the Telecommunications Act. If you want to use data from the Business Register for email marketing, you must obtain the data subjects' prior consent. You should record this consent and keep the records available for regulators. These requirements do not apply if someone is or has been a customer of your company. A customer may withdraw their consent at any time.