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Can I send unsolicited marketing email to my customers?

For email marketing to natural persons, the Dutch Telecommunications Act applies. Default: prior opt-in, with an exception for existing customers about your own similar products or services.

Try this first

  1. 1Existing customer and your own similar product or service? You may email on a customer-relationship basis, provided you offered an easy opt-out at sign-up and in every message.
  2. 2No customer relationship or non-similar offering? You need explicit opt-in, freely given and recorded. Pre-ticked boxes do not count.
  3. 3B2B to business email gets a lighter regime, but opt-out stays mandatory and honouring email-equivalent do-not-contact lists is good practice.
  4. 4Keep consent records: when, via which form, with what wording. The ACM regulator can ask for proof.
  5. 5Test every campaign: does the unsubscribe link work, does opt-out propagate to all systems, not just the marketing tool.

When to bring us in

Bulk-mailing purchased lists or via partners puts you outside the rules fast. Run it past legal before you hit send.

See also

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