Prior consent for B2B Email in the Netherlands

The Dutch governement proposed a legislation aiming that B2B email should also be covered by an opt-in regime. This legislation will enter into force in 2008

In 2002 the EU Directive Electronic Communications was launched.

The Directive takes an “opt-in” approach to unsolicited commercial electronic communications, i.e. users must have given their prior consent before such messages are addressed to them. This opt-in system also covers SMS text messages and other electronic messages received on any fixed or mobile terminal.

This Directive primeraly aims at relations between companies and consumers (B2C) but offers Member States also an opportunity to regulate B2B email in the same sense. Some Member States have taken that opportunity:

In October 2007 the Dutch Dialog and Direct Marketing Association (DDMA) adopted the code for business e-mail. The code introduced an almost similar provision of prior consent for B2B email as for B2C email. An important reason for drawing up this code is to reduce in this way spam and to keep the channel open for legitimate business communication. For this reason the recipient of B2B email needs to give prior consent before receiving publicity. There are some points on which the B2B code has been adapted to the practice of businesses. For example no consent needs be asked for supplying addresses to third parties.

A clear communication is sufficient. The same applies to the promotion of own products within the company’s activities.

Diana Janssen, director of DDMA, welcomes the code: “It is a sign from DDMA members that they attach great importance to communication of high quality. By introducing prior consent for B2B e-mail, your database will automatically be much more valuable. Moreover it is an important indicator to our politicians that the sector is very
well capable to take responsability.”

As of 1 October 2007 this Code has already been incorporated within the Dutch Advertising Code.

In other countries of Europe exists already a statutory regulation with respect to B2B e-mail, particularly in France, Germany and Austria. In other countries the opt-out system with respect to e-mail business still applies, in which case the recipient has to state Whether he or she wishes to receive unsolicited emails.

December 2007 – W&P