Laws against unsolicited communications by recruiters in the Netherlands

Disclaimer: I am not a lawyer. This is simply an aggregation of information publicly available on the internet.

In short, this is what you can do:

• List your phone number in the bel-me-niet register (call-me-not register)
• When you receive unsolicited communication, indicate that you do not wish to be approached (and kindly remember them that they are legally required to respect this)
• If you continue to receive unsolicited communication, you can file a complaint

Telecommunicatiewet

Since 2009, article 11.7 of the Dutch "Telecommunicatiewet" (telecommunications act) prohibits unsolicited communication for commercial, ideal or charitable purposes when the targeted person has indicated that they do not wish to receive such communication, either by registering themselves in the so-called "bel-me-niet register" (call-me-not register) or by indicating this in another way.

According to a number of articles on various websites ([1], [2], [3], [4]) the OPTA (now the ACM, Authority for Consumers & Markets, which enforces these regulations) has confirmed that these regulations also apply to recruiters.

Bel-me-niet register

By listing your phone number in the "bel-me-niet register" (call-me-not register) you indicate that you do not want to be approached by companies and organizations. Companies and organizations are legally required to consult the register before (cold) calling people.

Note that a company does not have to consult the register in the following cases:

• Companies where you are or have been a customer, are allowed to contact you about similar products and services. In the case of recruiters, as a candidate you are not a customer of the recruiter (unless you actually pay the recruiter to find a job for you), so this does not apply;
• If you have explicitly asked or given permission to be contacted by that company (for instance by filling a call-me-back form);
• If you published your contact information yourself, for the specific goal the company is contacting you for. This means that if you publish your CV which includes your phone number / email address, companies (including recruiters) can contact you about job opportunities.

Right of resistance

If you no longer wish to be approached by a company or organization, then you can indicate this to them. This is called the "recht van verzet" (right of resistance) and companies and organizations are not only legally required to process and respect this, but they are also required to inform you about this right whenever they contact you.

Filing a complaint

Are you still being contacted by a recruiter (or any other company for that matter) even though your phone number is registered in the "bel-me-niet register" and/or you have made clear that you do not want to be contacted anymore?

You can file a complaint at ConsuWijzer. As their website states (translated):

ConsuWijzer collects complaints of consumers for the Autoriteit Consument en Markt (ACM, Authority for Consumers & Markets). The ACM does not respond to every complaint. However, it does respond to situations where many consumers file complaints about a company or sector, or in very serious situations. That's why it is importent to file your complaint.

If regulations are violated, the ACM can impose a fine up to € 450.000.