Cold Calling Laws in Ireland

Which rules cover cold calling in Ireland?

Regulation 13 of the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011, known as S.I. 336 of 2011, covers marketing calls. The GDPR and the Data Protection Act 2018 cover the personal data you use. The Data Protection Commission (DPC) enforces both.

Is B2B cold calling legal in Ireland?

Yes, on the same terms as calls to individuals. The ePrivacy Regulations don't treat business numbers differently. What matters is whether the number is a landline or a mobile.

Landlines and the National Directory Database

You can't make an unsolicited marketing call to a landline if the subscriber has told you they don't want such calls, or if their number is marked in the National Directory Database (NDD) as opted out of marketing calls. Check landline numbers against the NDD before calling, and keep a record of anyone who objects.

Can you cold call mobiles in Ireland?

Not without consent. A marketing call to a mobile is only allowed if the subscriber has told you they consent to such calls, or their consent is recorded against the number in the NDD. That applies to business mobiles too.

Penalties for breaking the rules

Each unsolicited call made in breach of the rules is a separate offence, and in a prosecution it's up to the caller to prove the person consented. On summary conviction the fine is a class A fine. On indictment, a company can be fined up to €250,000 and an individual up to €50,000.

GDPR and named contacts

A named contact's details are personal data, so you need a lawful basis to use them, usually legitimate interests. Anyone can object to direct marketing at any time, and once they do, you must stop.

Before you call Irish businesses: a checklist

• Split your list into landlines and mobiles, because the rules differ.
• Check every landline against the NDD, and remove numbers that have opted out of marketing calls.
• Call a mobile only where you hold the subscriber's consent, and keep a record of it: if challenged, you have to prove it.
• Record every objection and never call that number again for marketing.
• Check the NDD again before each new campaign, since subscribers can change their choice.

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

Allowed: a call they asked for isn't unsolicited · No time limit set

• The rules on NDD opt-outs and on marketing calls to mobiles apply to unsolicited calls, which the regulations define as calls not requested by the called party.
• So a call the person asked for falls outside them. Keep a record of the request.

Source: S.I. 336 of 2011, Regulation 13 · Do not call exemptions by country