By Richard van Staden ten Brink, CIPP

Dutch Senate Considering Do-Not-Call Register Bill

The Dutch Senate is considering a legislative proposal for a national Do-Not-Call register. If adopted, the proposal will require businesses and organizations to check the Do-Not-Call register before making unsolicited calls to Dutch telephone subscribers for commercial, idealistic or charitable purposes. If a subscriber is in the register, he may not be called.
In addition, the proposal will require businesses and organizations to inform subscribers during such calls of their right to opt out of further unsolicited calls and to provide subscribers the opportunity to add their contact details to the Do-Not-Call register. The proposal will apply only to business-to-consumer calls.

The proposal features an exemption for existing business relationships. If a business or organization has obtained contact details of a Dutch telephone subscriber as a result of the sale of a product or service or a charitable contribution, the business or organization may make unsolicited calls to such subscriber, even if his contact details are in the Do-Not-Call register.

A recent amendment extends the scope of the proposal to all businesses and organizations, regardless of their country of establishment. The proposal will therefore not only affect Dutch businesses and organizations, but also businesses and organizations in other countries that make unsolicited calls to Dutch subscribers. If adopted, the proposal is expected to take effect at the end of 2008.

Richard van Staden ten Brink, CIPP is advocaat at De Brauw Blackstone Westbroek in Amsterdam. He may be reached at richard.vanstadentenbrink@debrauw.com.