Catalog / Sends automated texts / LXD-4794

Sends automated texts, in the Netherlands

Each law's tag says when it binds: since in force proposed proposed

Telecommunicatiewet (Telecommunications Act), Article 11.7(1), (3) to (5) and (7), Prior Consent for Unsolicited Electronic Messagessince 5 lines

Telecommunicatiewet, art. 11.7(1), (3)-(5), (7) · Read the law's page

  • Obtain the end user's prior consent before using an automatic calling or communication system without human intervention, a fax or an electronic message to send unsolicited communication for commercial, idealistic or charitable purposes, and be able to show that consent.
  • You need no prior consent to send such communication to a legal person or to a natural person acting in the exercise of a profession or business only if you use electronic contact details that the recipient designated and made known for receiving unsolicited communication for those purposes and use them in line with the purposes attached to them, or the recipient is established outside the European Economic Area and that country's rules on unsolicited communication are met.
  • You may use electronic contact details obtained from your customers in the context of the sale of a product or service for unsolicited commercial communication about your own similar products or services without fresh consent only if you can show that origin and clearly and explicitly offered the customer, free of charge and in an easy manner, the chance to object to that use when the details were collected and, if they did not object then, in every message you send.
  • An idealistic or charitable organization may use contact details obtained in connection with a donation to it for unsolicited communication for its own idealistic or charitable purposes without fresh consent only if it can show that origin and offered the same chance to object at collection and in every message.
  • In every such electronic message, state the real identity of the person on whose behalf the communication is sent and a valid postal address or number to which the recipient can send a request to end such communication. The requirements of Article 15e(1)(a) to (c) of Book 3 of the Civil Code apply to those messages, and they may not encourage the recipient to consult information on the internet that breaches that article.
Telecommunicatiewet (Telecommunications Act), Article 11.7(2), (6) and (8), Prior Consent for Unsolicited Communication to Natural Persons by Other Means (as rewritten in 2021)since 6 lines

Telecommunicatiewet, art. 11.7(2), (6) and (8) · Read the law's page

  • Obtain the natural person's prior consent before using any means other than an automatic calling or communication system without human intervention, a fax or an electronic message to send unsolicited communication for commercial, idealistic or charitable purposes, and be able to show that consent.
  • When you send such communication with consent, give the natural person, with every message, a clear and explicit opportunity to object, free of charge and in an easy manner, to the use of their contact details.
  • When you send such communication through a public telephone service, do not use the facility that blocks the provision of the calling number (Article 11.9(1)(a)).
  • You need no prior consent to send such communication to a legal person or to a natural person acting in the exercise of a profession or business only if you use electronic contact details that the recipient designated and made known for receiving unsolicited communication for those purposes and use them in line with the purposes attached to them, or the recipient is established outside the European Economic Area and that country's rules on unsolicited communication are met.
  • The customer soft opt-in in Article 11.7(4) is stated as a departure from paragraph 1 only. Article 11.7(6) separately lets a publisher of newspapers, weeklies, magazines and other periodicals appearing at least three times a year, and a holder of a license under Article 3, 9 or 27b of the Wet op de Kansspelen, use contact details of the kind referred to in paragraph 4 for communication under paragraph 2, on the conditions of paragraph 4: a clear and explicit chance to object, free of charge and in an easy manner, at collection and in every message.
  • An idealistic or charitable organization may use contact details obtained in connection with a donation to it, or, as to means other than those in paragraph 1, contact details obtained in the course of volunteer work for it or of attending its events, for unsolicited communication for its own idealistic or charitable purposes without fresh consent only if it can show that origin and offered a clear and explicit chance to object, free of charge and in an easy manner, at collection and in every message.
Implementatiewet richtlijn herziening productaansprakelijkheid (Bill 36906), Implementation of Directive (EU) 2024/2853proposed10 lines

Implementatiewet richtlijn herziening productaansprakelijkheid, Kamerstuk 36906 · Read the law's page

  • The bill excludes free-of-charge and open-source software (gratis en opensourcesoftware) that you develop or supply outside the course of a commercial activity (Art. 6:184a(3)(a)).
  • If you develop, manufacture or produce a product, software included, or present yourself as its manufacturer by putting your name or trade mark on it, you answer as its manufacturer for damage a defect in it causes (Arts. 6:184a(1)(b) and (e), 6:187(1)(a)).
  • Keep supplying the software updates and upgrades needed to maintain safety while the product is within your control: a defect due to software, a related service or a missing safety update is not excused because it arose after you placed the product on the market (Art. 6:185(2)).
  • Meet the product safety requirements that apply to your product, safety-relevant cybersecurity requirements included: they count in deciding whether it is defective (Art. 6:186(1)(f)), and failing a mandatory requirement that protects against the damage suffered presumes it defective (Art. 6:188(2)(b)).
  • Account for what your product learns or acquires after release: the effect of any ability to keep learning or to acquire new features is weighed in deciding whether it is defective (Art. 6:186(1)(e)).
  • Be ready to give access to the relevant evidence you hold when a court orders it under Articles 194 and 195 of the Code of Civil Procedure; failing to do so presumes the product defective (Art. 6:188(2)(a)).
  • If you manufacture outside the Union, the importer, your authorized representative or, where neither is established in the Union, the fulfillment service provider answers for the product alongside you (Art. 6:187(1)(c)).
  • If you substantially modify a product outside its manufacturer's control and then place it on the market or put it into service, you are treated as its manufacturer (Art. 6:187(2)).
  • If you distribute a product, or provide an online platform that lets consumers conclude distance contracts with traders, name the liable operator established in the Union or your own supplier within one month of the injured person's request, or you answer for the defective product (Art. 6:187(3) and (4)).
  • Be able to show when you placed the product on the market or put it into service: you are not liable if you did not, or if it is plausible that the defect did not exist then (Art. 6:185(1)(a) and (c)).

Revisions

An entry gets a new revision when a law in it is added, removed, amended or reworded in the law library. The ID stays the same.

  1. Revision 1, : the entry was first published.

See also

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