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
- 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.
- 2No customer relationship or non-similar offering? You need explicit opt-in, freely given and recorded. Pre-ticked boxes do not count.
- 3B2B to business email gets a lighter regime, but opt-out stays mandatory and honouring email-equivalent do-not-contact lists is good practice.
- 4Keep consent records: when, via which form, with what wording. The ACM regulator can ask for proof.
- 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
- Does NIS2 apply to my company?Two questions decide it: are you in a listed sector, and do you meet the threshold from Recommendation 2003/361/EC (more than 50 FTE and more than EUR 10M turnover or balance sheet). Below that you are only indirectly in scope, via your customers. The threshold determines whether you are an important or essential entity depending on sector.
- What changes with the Dutch Cyber Security Act?The Cyberbeveiligingswet is the Dutch implementation of NIS2. Track NCSC for the exact effective date and the lower regulations.
- Am I personally liable as a director under NIS2?Yes. The board is accountable for approving and overseeing the cyber measures. Severe negligence can become personal.
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