Cold calling rules in Belgium and the Netherlands (2026)

Yes, you can still cold call businesses in Belgium and the Netherlands, but not everyone and not in the same way. In the Netherlands you may call companies with legal personality, such as a BV or NV, without prior consent. Since 1 July 2026 you need prior consent to make sales calls to consumers and to businesses without legal personality, such as sole traders, a vof or a maatschap, even when they are existing customers. In Belgium sales calls are allowed unless the number is on the Bel-me-niet-meer list or the person has objected, and that list covers business numbers too.

This guide is general information, not legal advice. It reflects the rules as we found them on 20 October 2026. Check the official sources linked below, or ask a lawyer, before you plan a campaign.

Cold calling rules at a glance: B2B and B2C

The biggest difference is the starting point. The Netherlands works with prior consent (opt-in) for natural persons. Belgium works with objection (opt-out) for every subscriber. The GDPR applies on top of both.

Is cold calling legal in the Netherlands? The rules from 1 July 2026

The Dutch rules sit in Article 11.7 of the Telecommunications Act. Since 2021, companies have needed explicit consent to call consumers, with an exception for people who are or were customers (Rijksoverheid).

On 1 July 2026 that customer exception ended for phone calls. The ACM, which enforces these rules, says businesses may now only call consumers and small entrepreneurs with a commercial offer if they gave prior explicit consent. Charities, lotteries that give money to charities and publishers of newspapers and magazines keep a narrow exception for their existing and former customers.

Who you may still call without consent

According to Business.gov.nl, you may call companies with a legal structure that has legal personality, such as a BV or an NV, for sales purposes. A freelancer who works through their own BV falls in this group. A freelancer who trades as a sole proprietor does not.

Who needs your prior consent

Consumers, and businesses without legal personality: sole proprietorships (eenmanszaak, the form most zzp'ers use), general partnerships (vof), limited partnerships (cv) and professional partnerships (maatschap). KVK confirms that since 1 July 2026 this also applies to existing and potential customers.

Watch out with numbers from the trade register. The Dutch Data Protection Authority says a phone number in the KVK register does not count as consent for telemarketing, unless it explicitly says the number is meant for that.

What valid consent looks like

• It is given before the call, for a specific product or service and for a limited period (Business.gov.nl).
• You can prove it. The burden of proof is on you.
• It is not based on a pre-ticked box.
• It is not collected by phone during a service call (ACM).
• It is easy to withdraw, and in every call you offer the person a free and easy way to object (Article 11.7).

The ACM can impose fines on companies that break these rules.

Telemarketing rules in Belgium: how the Bel-me-niet-meer list works

Belgium works the other way round. Under Article VI.110 of the Code of Economic Law, a sales call made by a person is allowed as long as the subscriber has not clearly objected. Article VI.112 forbids direct marketing calls to numbers on the "Bel me niet meer!" list and says you must check the list before you call. These articles have applied since 31 May 2014, and the wording of Article VI.110 was last changed on 29 February 2024.

• Business numbers are covered. The FPS Economy guidelines say the protection covers every Belgian telephone subscriber: consumers, companies and non-profits.
• Registering is free and permanent. People call 02 882 19 75 from the number they want to protect. It appears on the list within five working days and stays there for life unless they change it (FPS Economy).
• You need a licence. Do Not Call Me vzw makes the list available. Advertisers with up to 250 staff pay €60 per month or €600 per year, larger advertisers €1,950 per year, excluding VAT (Do Not Call Me).
• Clean often. The list is updated daily, and Do Not Call Me recommends updating your call files at least every three days.
• Consent can override the list. Article VI.112 allows calls to people who gave you explicit permission. The FPS Economy adds that the date matters: consent only counts if it was given after the person registered.
• You carry the proof. Article VI.113 puts the burden of proof on the caller. The FPS Economy advises written, dated proof that you checked the list and your own objection lists.
• Fines are real. The criminal fine can reach €100,000 or 4% of annual turnover, whichever is higher (FPS Economy).
• No hiding. Article VI.110 forbids hiding the identity of the company you call for.

Is Belgium switching to opt-in? Not yet

Bills that would introduce opt-in for calls to consumers have been tabled in the federal Chamber, including bill 56 1081 of 3 October 2025 (BIPT). In its advice of 12 January 2026, the Data Protection Authority said the bill needs thorough rework, partly because it would leave the current opt-out paragraph in place. In March 2026 a trade publication reported that the government agreement mentions a possible move to opt-in, but that the final form had not been decided (Customer Contact).

As of 20 October 2026 we found no adopted law. Until one is published, the opt-out system and the list apply. Check the status before you rely on this.

GDPR and legitimate interest for B2B cold calling

Telecom rules decide whether you may call. The GDPR, in force since 25 May 2018, governs the personal data behind the call: the name, direct number and job title of the person you ask for. KVK puts it simply: the GDPR protects personal data, not company data, but data you can trace to a person is personal data.

Recital 47 of the GDPR says direct marketing may be regarded as a legitimate interest. On 4 October 2024 the Court of Justice confirmed that a commercial interest can qualify, but only if the processing is strictly necessary and the person's interests do not override it. The EDPB guidelines (version for public consultation) add that you assess and document this before you start.

In practice:

• Legitimate interest does not replace consent where the telemarketing law demands consent. A Dutch sole trader still needs to have said yes.
• Write a one-page legitimate interest assessment before your first campaign. Our article on B2B lead lists and the GDPR has a template.

Identify yourself and say where you got the number

Netherlands. Show your real number and be reachable on it. At the start, give your name, your company and say you want to sell something. If you record the call, say so at the start and explain why (Business.gov.nl).

Belgium. In its recommendation 01/2026 on direct marketing, the Data Protection Authority says the caller should, before any sales message, at least name the company responsible, the purpose, the source of the data and the person's rights, including the right to object. The rest can follow in layers, for example a link sent by text message.

Both countries. If you did not get the data from the person, Article 14 of the GDPR requires you to inform them within one month at the latest, or at your first contact if that comes sooner. Article 21 requires you to mention the right to object explicitly, at the latest in that first contact.

A short opening that covers this, to adapt to your own words:

"Good morning, this is [first name] from [company]. This is a sales call about [topic]. I found your details via [source, for example your website or data provider X]. If you'd rather not be called by us, just say so and we won't call again. You can read how we use your data at [short web address], and I'm happy to text you the link. Do you have two minutes?"

For the rest of the call, see our cold calling script template.

Honour objections: one no is enough

Under Article 21 of the GDPR, a person can object to direct marketing at any time, and you must then stop using their data for it. The EDPB calls this right unconditional: no reason needed, no balancing test.

• Netherlands: if someone says during a call that they no longer want to be called, remove their number immediately (ACM).
• Belgium: an objection made directly to you counts as well as the list. Check your own objection list together with the Bel-me-niet-meer list (FPS Economy).
• Every channel: the Belgian authority recommends letting people object per channel and to all channels at once.

Log the date, the channel and who took the objection, and suppress the person in every campaign, including email and LinkedIn follow-up. More on that in our guide to sales follow-up.

Keep records you can show a regulator

A note on email follow-up

Email has its own, stricter rules. In the Netherlands, KVK notes that unsolicited commercial email is not allowed without prior consent, with an exception for customers. In Belgium, the Data Protection Authority's recommendation explains that email marketing needs prior consent, with narrow exceptions, such as your own customers for similar products and legal entities reached on impersonal addresses like info@. A good phone call is the best moment to ask whether you may send something.

Compliance checklist for sales teams

1. Split your list by country, then by legal form.
2. Netherlands: remove consumers, sole traders and partnerships unless you hold valid, provable consent. That includes customers.
3. Belgium: check every number against the Bel-me-niet-meer list just before the campaign, and keep dated proof.
4. Check your own objection list in both countries.
5. Write or update your legitimate interest assessment.
6. Record the source and import date of every lead.
7. Show your caller ID and never call anonymously.
8. Open every call with who you are, why you call, where you got the number and how to object.
9. Log objections the same minute and suppress them in every channel.
10. Set a retention period and delete prospects you no longer need.
11. Recheck the Belgian rules every quarter while the opt-in bills are pending.

If your team works in Ringlane, you can put the opening lines in a checklist block at the top of your call script, so every caller covers identity, source and the right to object before the pitch. For the bigger picture, see how this fits into an outbound sales process.

Frequently asked questions

Sources

1. ACM: Vanaf 1 juli strengere regels voor telemarketing (25 June 2026)
2. Telecommunicatiewet, Article 11.7 (wetten.overheid.nl, version in force from 15 August 2026)
3. Business.gov.nl: Rules for telesales
4. Rijksoverheid: Ongevraagd bellen per juli 2026 beperkt (15 May 2025)
5. KVK: Direct marketing en regelgeving
6. Autoriteit Persoonsgegevens: Telemarketing
7. Belgian Code of Economic Law, Articles VI.110 to VI.115 (Justel)
8. FPS Economy: Guidelines on direct marketing by telephone (version 9 February 2026, in French)
9. FPS Economy: Genoeg van ongewenste reclameoproepen? Reageer! (19 March 2025)
10. Do Not Call Me vzw: information for telemarketers
11. BIPT: Advice of 25 November 2025 on bill 56 1081 on unwanted telemarketing
12. Belgian Data Protection Authority: Advice 02/2026 of 12 January 2026
13. Customer Contact & CXForum: Einde opt-out voor telemarketing op komst in 2026? (19 March 2026)
14. Belgian Data Protection Authority: Recommendation 01/2026 on direct marketing (in French)
15. General Data Protection Regulation (EU) 2016/679 (EUR-Lex)
16. Court of Justice of the EU: judgment of 4 October 2024, C-621/22, KNLTB (EUR-Lex)
17. EDPB: Guidelines 1/2024 on processing based on Article 6(1)(f) GDPR (version for public consultation)