France bans telemarketing without consent

The new law aims to address unsolicited telemarketing calls, in response to the limitations of existing regulatory mechanisms (e.g., the so-called Bloctel mechanism) and to strengthen consumer protection with a clear opt-in framework, with particular attention to safeguarding vulnerable individuals.

1. From opt-out to opt-in

As of 1 January 2026, professionals will be required to obtain consumers’ prior and explicit consent before conducting any telephone marketing activities. This marks a significant shift from the previous opt-out regime, under which unsolicited calls were allowed by default unless the consumer had objected.

The law defines consent in accordance with the conditions set out under the GDPR. Consent must be freely given, specific, informed, unambiguous, and may be withdrawn at any time. It must be expressed through a clear affirmative act by which the individual explicitly agrees to the use of their personal data for the purposes of telephone marketing.

The opt-in rule that now governs telemarketing is aligned with the opt-in rule that already applies to electronic marketing (e.g. SMS and emails).  Similarly to SMS and emails, pre-ticked boxes do not constitute valid consent.

2. Limited exception for existing contracts

The general prohibition does not apply when two specific conditions are met:

(i) the call is made within the context of an existing contractual relationship, and

(ii) the purpose of the call is directly related to the subject matter of that contract. This includes instances where the telemarketing involves proposing products or services that are related or complementary to the product or services already acquired by the consumer under the existing contract, or that are intended to improve its quality or performance.

3. Transparency requirements

In the absence of an existing contractual relationship, consumers must be clearly informed, at the time of collection of their telephone number, that any telemarketing communication will be subject to their prior and explicit consent.

The contract itself that is entered into by the consumer must include an explicit provision stating that the consumer will not receive any marketing calls unless they have expressly consented to such communications.

4. Sanctions

Non-compliance with the new requirements may lead to an administrative fine of up to EUR 375,000 pronounced by the French General Directorate for Consumer Affairs, Competition and Fraud control (DGCCRF).

The law also allows the DGCCRF, the French Data Protection Authority (the CNIL) and the Regulatory Authority for Electronic Communications and Postal sectors (the ARCEP) to share information collected in the course of their duties, insofar as they are necessary for the investigation and identification of violations falling within their respective areas of competence.

5. Next Steps

The law will be promulgated within 15 days after its adoption, in accordance with French legislative procedure. Businesses have until 1 January 2026 to adapt their marketing practices, revise contracts, and implement appropriate consent mechanisms.