Do Not Call Me Nonprofit Organization

📵 "Do Not Call Me" : how to comply with Belgian telemarketing law

Telemarketing is a legitimate commercial practice, but strictly regulated in Belgium. To protect consumers against unsolicited advertising calls, the Belgian state has set up a central mechanism: the "Do Not Call Me" list.

Knowing this mechanism and integrating it into your prospecting practices is essential - not only to comply with the law, but also to preserve the quality of your campaigns and your company's reputation.

At IQUALIF, we support hundreds of Belgian professionals in structuring their prospecting data. This page clearly presents the applicable legal framework and the best practices to adopt.

---

📌 Introduction

In Belgium, any company that runs telephone prospecting campaigns targeting individuals is required to comply with a legal obligation: not to contact numbers registered on the "Do Not Call Me" list.

This obligation stems from the Belgian Code of Economic Law and applies to all companies operating in Belgium, regardless of their sector of activity. Failure to comply with this rule may lead to criminal fines imposed by the Economic Inspection of the FPS Economy.

To help you integrate this framework into your practices, here is what you need to know.

---

📞 What is the "Do Not Call Me" list?

The "Do Not Call Me" list (formerly called the Robinson List) is the Belgian official opt-out mechanism for telemarketing. It is managed by the ASBL DNCM (Do Not Call Me), in Grand-Bigard.

Established in 2015, it now includes more than 1.5 million registered numbers, a sign that Belgian consumers are particularly attentive to this issue.

How does it work?

• Any individual can register their telephone number for free (landline or mobile) on the list.
• Registration is valid for life, unless a removal request is made.
• Once registered, the individual should no longer receive advertising calls from companies operating in Belgium.

Who is affected by this obligation?

Any company active in Belgium that engages in telephone prospecting for commercial or advertising purposes towards private consumers. This notably includes:

• call centers and telemarketing companies,
• insurance, credit or energy agents and brokers,
• real estate agencies,
• installation and renovation companies (roofing, insulation, solar panels, windows…),
• training organizations,
• independent salespeople doing telephone prospecting,
• any B2C company that wishes to contact Belgian consumers.

---

⚖️ Your obligations as a company

Concretely, if you cold-call Belgian consumers by phone, you must :

• Regularly consult the "Do Not Call Me" list before each prospecting campaign.
• Remove from your call files all numbers that are registered on it.
• Update your prospecting databases according to the list’s changes, which is updated continuously.
• Keep records of your checks, so you can demonstrate your compliance in case of an inspection.
• Respect the rights to information and objection of the contacted persons (general GDPR framework).

Exceptions provided by law

You can contact a consumer registered on the list in two specific situations:

• Prior explicit consent: the person has personally given you their agreement, in writing, by email, by a checked box at the signing of a contract or via a clear consent form.
• Ongoing contractual relationship: it concerns a customer service call as part of an active contract with your company (and not a new commercial approach).

⚠️ Consent must be free, specific, informed and revocable. A pre-checked box or a clause buried in general T&Cs does not constitute valid consent under the GDPR.

Sanctions

In case of non-compliance with your obligations :

• affected consumers can file a complaint with the Contact Point of the FPS Economy ;
• the Economic Inspection may carry out inspections ;
• criminal fines may be imposed on the offending company ;
• your company's reputation may be affected, notably through public reports or consumer associations.

---

🇪🇺 What about the GDPR?

The "Do Not Call Me" list is added to the general obligations of the General Data Protection Regulation (GDPR), applicable throughout the European Union, including Belgium.

As a professional who processes contact data for prospecting purposes, you are considered the data controller under the GDPR. As such, you must:

• clearly define the purpose of your processing (commercial prospecting, updating an internal database, etc.),
• rely on a valid legal basis (consent, legitimate interest depending on the case),
• inform the data subjects about how you use their data,
• respect their rights to object, access, rectify and erase,
• ensure the security of the collected data.

The Data Protection Authority (DPA) is the Belgian body responsible for ensuring the application of the GDPR. It is the Belgian equivalent of the French CNIL.

💬 For any complex question related to the GDPR or your compliance, consulting a data protection officer (DPD or DPO) or a specialized legal advisor is highly recommended.

---

🔄 Where is the regulation headed?

The telemarketing framework is evolving rapidly in Europe. Several member states have recently strengthened their legislation, moving from an opt-out regime (the company can call unless there is an express objection) to a prior consent required regime (the company can only call if the consumer has explicitly given prior consent).

In Belgium, several legislative projects have been discussed in recent years to strengthen the existing system. It is likely that the Belgian framework will evolve in turn in the coming years.

💡 Our advice : anticipate. By prioritizing practices based on explicit consent, traceability and B2B (prospecting between professionals), you shield yourself from future regulatory changes and strengthen the quality of your prospecting.

---

👤 IQUALIF in all this: what role?

IQUALIF is a technical tool for aggregating and structuring data from publicly accessible sources (professional directories, company registers, legal publications, open sources).

⚠️ The user is solely responsible for the use they make of the data collected with the software.

As the publisher, IQUALIF does not intervene in :

• the processing of data extracted by the user,
• the prospecting or communication campaigns that result from it,
• the purpose chosen by each client.

Therefore, it is up to you, as the end user, to :

• verify your compliance with the "Do Not Call Me" list before any campaign targeting Belgian individuals,
• comply with the GDPR and the Belgian Code of Economic Law in data processing,
• document your compliance efforts.

---

🔗 Useful links for further information

• "Do Not Call Me" list - registration and information : www.nemappelezplus.be
• Contact Point of the FPS Economy - to report abusive telemarketing : pointdecontact.belgique.be
• Data Protection Authority (DPA) : www.autoriteprotectiondonnees.be

---

✅ Summary

• In Belgium, any telephone prospecting towards individuals must comply with the "Do Not Call Me" list, managed by ASBL DNCM.
• You must consult this list, remove registered numbers from your files, and keep records of your checks.
• Exceptions are limited: explicit consent or an ongoing contract.
• The GDPR applies in parallel and imposes a strict framework on the processing of personal data.
• The legal framework could evolve towards a prior consent regime as in other European countries. Anticipate by prioritizing explicit consent and B2B prospecting.
• IQUALIF is a technical tool: responsibility for processing the collected data lies entirely with you.

💬 A question about using IQUALIF in a compliant context ? Contact our team - we are available to discuss your practices.