NL Telecomwet AI consent rules

What changes

Thesoft opt-infor B2C telemarketing is abolished. Previously, businesses could contact consumers who had an existing relationship without explicit consent. Under the amended Telecomwet, this is no longer permitted.

Which organisations fall under the NL Telecomwet AI rules

The updated Telecomwet affects any organisation that initiates electronic communications towards Dutch consumers, whether under its own name or through a service provider. That includes Dutch SMEs, listed companies, foreign SaaS vendors, and call centres dialling on behalf of a client. B2B activity also falls in scope where it effectively targets consumers — for example a sole trader contacted on a private mobile number.

For AI use cases the reach is broader than telemarketing alone: any automated voice bot, AI-generated SMS flow, or WhatsApp outreach that reaches a consumer must meet the same opt-in requirements. The ACM has signalled that the absence of human intervention can be an aggravating factor in enforcement.

Impact on AI communications

All outbound AI calls to Dutch consumers will requireexplicit prior consent. This applies regardless of whether a prior business relationship exists. AI voice agents face additional scrutiny because consumers may not immediately recognise they are interacting with an automated system. Audact’s modality-neutral architecture also covers messaging and other channels subject to telecom regulation.

Penalties:The Dutch Authority for Consumers & Markets (ACM) can impose fines up to €900,000 per violation, or up to 10% of annual turnover for repeat offenders.

Penalties and enforcement by the ACM

The Autoriteit Consument & Markt (ACM) is the primary supervisor for the Telecomwet. The ACM holds administrative fining powers of up to€900,000 per violation, or — for repeat or serious breaches — up to10% of annual turnover. The ACM can also impose orders subject to a periodic penalty payment and, as a last resort, halt the service. Fines may be imposed cumulatively per calling or messaging campaign.

Enforcement typically runs through complaints to the ConsuWijzer desk, spot checks on Bel-me-niet-register compliance, and data requests to telecom operators. For AI use cases the ACM expects businesses to be able to demonstrate, on request, when and how consent was given — sound, time-stamped logging is therefore a practical necessity.

How Audact handles it

• Consent gating— The Policy Engine checks for a recorded prior-consent flag before any outbound AI call is permitted to proceed, and blocks the call if it is missing.
• DNC register checks— Automatic verification against the Bel-me-niet Register before every call.
• Quiet-hour enforcement— Calls are blocked outside permitted hours, enforced at the proxy layer so no configuration error can bypass it.
• Evidence logging— Every consent check, DNC lookup, and time-window validation is logged with cryptographic evidence for regulatory audit.

Frequently asked questions

Compare EU AI compliance laws

Related compliance resources

• EU AI Act Article 50 compliance overview
• ePrivacy Directive for AI communications
• Audact compliance platform pricing