The commercial director of an energy advice firm in Zwolle wanted an AI agent to phone homeowners across Overijssel about insulation and heat pumps, starting with a list of addresses bought from a data supplier and a second list of people who had once downloaded an energy saving guide. The first list turned out to be unusable for phone calls, and most of the discussion was about the second one.
The businesses in this article are illustrative examples, not named StartAutomate clients.
Key takeaways
- Since July 2021, Dutch consumers may only be called for telemarketing if they have given consent or are current or recent customers.
- Automated calls for marketing need prior consent, and an AI agent calling without a person on the line falls within that rule.
- Since August 2026, the EU AI Act also requires callers to be told they are speaking with an AI system.
The opt-in rule for consumers
Since 1 July 2021, the Telecommunicatiewet has required consent before a business makes telemarketing calls to consumers, unless the person is a customer or was one in the past three years and the call is about similar products. The Bel-me-niet Register no longer matters for consumers, because the starting point is that nobody may be called without consent.
Businesses themselves can still register in the Bel-me-niet Register, so B2B telemarketing must still check it. The Autoriteit Consument & Markt enforces these rules and has fined companies that called without consent.
Automated calls and AI agents
Marketing calls made by automated calling systems without human intervention have long required prior consent under the Telecommunicatiewet, which implements the EU ePrivacy Directive. An AI agent making a marketing call without a person on the line fits that description, so specific consent for this kind of call is the safe position.
Every telemarketing call must also tell the person they can object to further calls and offer an easy way to do so, and the agent records any objection immediately.
AVG and the EU AI Act
Anything the business holds about the people it calls, from a phone number to the recording of last Tuesday's conversation, falls under the AVG, so the business needs a lawful basis for using it and a retention period for the recordings. Call recordings in particular should be kept only as long as needed and only where the caller has been told.
Article 50 of the EU AI Act, which applies from 2 August 2026, requires that people are informed when they are interacting with an AI system unless it is obvious. Our agents say so in the first sentence of every call.
Where outbound AI calling fits
Outbound AI calling works well with people who asked to be contacted, such as a homeowner who filled in a request for an energy advice visit on the firm's website with clear wording about being called back, and with existing customers for service calls, such as confirming an appointment or following up on an installation.
The Zwolle firm's purchased list is exactly the kind that should not be called, and this article is a practical summary rather than legal advice. Check consent records and scripts with a lawyer before any campaign.
Common questions
Can a Dutch business call consumers with an AI agent?
Only with their prior consent, or if they are a current or recent customer and the call concerns similar products. Automated marketing calls need specific consent. Take legal advice before any campaign.
Does the Bel-me-niet Register still apply?
Not to consumers, who are protected by the opt-in rule since July 2021. Businesses can still register, so B2B telemarketing must check the register.
Does the EU AI Act affect AI phone calls?
Yes. From 2 August 2026, people must be told they are interacting with an AI system unless it is obvious, so the agent says so at the start of each call.