From August 11th, businesses will no longer be able to freely call individuals to sell them products or services. The principle will be completely reversed: commercial telemarketing will be prohibited until the consumer has given their prior consent. The business will have to be able to prove the existence and validity of this consent.
The end of commercial calls allowed by default
Until August 11, businesses can still contact consumers who are not registered on Bloctel, provided they comply with the time limits, call frequency, and other restrictions stipulated by regulations. From that date, not being registered on a do-not-call list will no longer constitute authorization to call. The Bloctel system will also cease to operate. It will no longer be necessary to register to opt out of receiving marketing calls: every consumer will be automatically considered to have opted out of commercial calls, unless they have expressly agreed to receive them.
Simply providing your phone number to a company is not enough. Consent must be freely given, specific, informed, unambiguous, and revocable. It must result from a clear affirmative action, such as voluntarily checking a box requesting a callback. A pre-checked box, a statement buried in the terms and conditions, a phrase imposed in a document, or simply continuing to browse a website will not constitute valid consent. A company cannot call a consumer solely to ask if they agree to be contacted for marketing purposes: consent must be obtained before the first sales call.
Authorization limited to one year
When obtaining consent, the company must specify its identity, that of any authorized call center, the nature of the products or services offered, and the duration for which the consumer agrees to be contacted. This authorization cannot exceed one year from the date of issue. It cannot be automatically renewed or tacitly extended. Upon expiry of this period, the company must obtain new consent before resuming its calls.
Companies will have to keep the proof
The business must record in digital format the information presented to the consumer, as well as the exact date and time the consumer gave their consent. This information must be kept for three years. During this period, the consumer may request a free copy of the proof of their consent. The business must provide it on a durable medium or via a secure interface, without requiring the creation of a new account or requesting unnecessary additional data.
Consent can be withdrawn at any time
A consumer who has agreed to receive marketing calls can withdraw their consent without waiting for the advertised deadline to expire. The procedure for withdrawing consent must be no more complicated than the one used to give it. Withdrawal can be made verbally. If the person indicates during the call that they do not wish to continue the conversation, the salesperson must hang up immediately and not contact them again.
Existing contracts remain an exception
A company can continue to call a customer without obtaining new consent when the solicitation is directly related to an existing contract. For example, it can offer an additional option, a service upgrade, or a product linked to the existing subscription. This exception does not allow for the promotion of just any offer. A bank cannot use the existence of a simple checking account to promote an unrelated product by phone. Similarly, a service provider must limit its calls to services related to the customer's existing contract.
Newspaper subscriptions retain a special status
Soliciting to sell subscriptions to newspapers, periodicals, or magazines will remain permitted without prior consent. However, calls must comply with the days, times, and limits imposed on telephone solicitation. Non-commercial calls, including certain charitable appeals, will not be subject to the ban on commercial solicitation.
An even stricter ban on energy-related work
Cold calling will remain completely prohibited for energy-efficient renovations, renewable energy production, and home adaptations for aging or disability. In these sectors, ordinary consent to cold calling will not be sufficient. Only calls related to an existing contract will be permitted. However, a professional may call back someone who has themselves requested information. They must be able to prove this request, call within five business days, and limit the conversation to the products or services in question.
Opening hours are still strictly limited.
Even when a consumer has given their consent, calls will only be permitted Monday through Friday, from 10:00 AM to 1:00 PM and from 2:00 PM to 8:00 PM. They will be prohibited on Saturdays, Sundays, and public holidays. A company may only call outside these hours if the consumer has agreed to a specific date and time. The number of attempts will remain limited to four calls per thirty-day period for the same business, whether made directly or through its subcontractors.
Fines of up to €375,000
A company unable to prove that the consumer had validly consented to being contacted may be penalized. The administrative fine can reach €75,000 for an individual and €375,000 for a company. Any contract concluded following an illegal call will be automatically void. The consumer will therefore not be legally bound by a sale obtained through unsolicited sales calls made without valid consent. Abusive calls can be reported to SignalConso to facilitate investigations.
