Cold Calling Laws in Finland

Which laws cover cold calling in Finland?

• The Act on Electronic Communications Services (917/2014). Section 200 covers direct marketing to individuals, and section 202 to companies and other organisations.
• The Consumer Protection Act (38/1978), chapter 6, which covers phone sales to consumers. Section 12 a requires the consumer's written acceptance.
• GDPR, which covers the names and numbers on your call list.
• The telemarketing code of conduct from ASML, the Finnish marketing association, which its member companies follow.

Is B2B cold calling legal in Finland?

Yes. Section 202 lets you direct-market to a company or other organisation unless it has expressly refused. Every marketing email or text you send it must give it an easy, free way to refuse, and you must tell it clearly that it can.

Calling people rather than companies

Section 200 covers direct marketing to individuals. Marketing by automated calling systems, fax, email, text, voice, audio or picture messages needs their prior consent. Other direct marketing, such as a live call, is allowed unless the person has expressly refused it, and they must be able to refuse easily and for free.

Is there a do not call register in Finland?

Finland's do-not-call register is run by the industry itself. ASML runs the Telephone Robinson service, where consumers can opt out of telephone marketing more widely than the law requires. Its code of conduct says member companies must use it, and that a company's call list must have been updated against the service less than one month before a call. It covers consumers, not businesses.

Selling to consumers by phone

Under chapter 6, section 12 a of the Consumer Protection Act, if you offer a consumer something by phone and they say they want it, you must send them the offer in writing or another durable form after the call. The consumer is only bound once they accept it in a durable form after the call, and you must tell them this when you send the offer.

The rule doesn't apply when the consumer contacted you, or asked you to call them.

Are there legal calling hours in Finland?

No law sets calling hours. ASML's code of conduct allows calls to consumers from 9am to 8:30pm on weekdays and 10am to 6pm on Saturdays, unless the consumer agrees otherwise. It also says the caller's number must be visible, the caller must give their name and the commercial purpose of the call at the start, and numbers must never be generated at random.

Penalties for breaking the rules

Breaking the consumer phone sales rules in chapter 6, including the written acceptance rule, can lead to a penalty payment (seuraamusmaksu) under the Act on Certain Powers of Consumer Protection Authorities (Consumer Protection Act, chapter 6, section 25). The Consumer Ombudsman supervises marketing to consumers.

Emails and texts after the call

Marketing emails and texts to a company are allowed unless it has refused, as long as each one offers a free, easy way to refuse. To an individual, they need prior consent, unless the person is an existing customer who gave you their details when buying from you, and you're marketing similar products. Every marketing email or text must be clearly recognisable as marketing and must not hide who sent it (section 203).

Before you call Finnish businesses: a checklist

• Call companies about their business, and keep a list of any that refuse.
• Call people live, never with a recorded or automated call, and stop if they refuse.
• Check consumer numbers against the Robinson service, updated less than a month before calling.
• Give your name and the purpose of the call at the start, and show your number.
• If you sell to consumers by phone, send a written offer after the call and wait for their written acceptance.

Can you call a lead in Finland who asked you to?

Allowed: live calls are fine unless they refused · No time limit set

• Live calls to individuals are allowed unless they've expressly refused direct marketing, and ASML's Robinson service doesn't block contact closely related to an existing customer relationship.
• If a consumer asked you to call, the rule that phone sales need written acceptance after the call doesn't apply.

Source: Act on Electronic Communications Services (917/2014), sections 200 to 203 (Finnish) · Consumer Protection Act (38/1978), chapter 6 (Finnish) · Do not call exemptions by country