Since 11 August 2026, telephone marketing to consumers has been subject to opt-in: it is prohibited to call an individual without their prior consent. Businesses that market to individuals, whether directly or through a call centre, must obtain that consent before making any call, adapt their processes and verify that their contact databases contain valid proof of consent. This consent is not required between businesses, but the GDPR continues to govern the conditions under which the call is made.
Bloctel disappears, consumer consent becomes a condition of the call
Until 10 August 2026, a business in France could call any consumer who had not registered with Bloctel, the list for opposing telephone marketing. Since 11 August 2026, Decree No. 2026-662 of 23 July 2026 has specified the arrangements for the new opt-in regime: it is now prohibited to market to a consumer by telephone if that consumer has not given prior consent, whether the call is made directly or through a service provider. Bloctel has therefore been abolished. This development had been prepared by Article 13 of Law No. 2025-594 of 30 June 2025, which rewrote Article L. 223-1 of the French Consumer Code by providing that, instead of having to register with Bloctel in order to stop receiving calls, the consumer must now give consent before being called. This reform forms part of the European framework of the ePrivacy Directive, in particular Article 13 of Directive 2002/58/EC, known as the Privacy and Electronic Communications Directive. By moving from opt-out to opt-in, France is thus joining the Member States that had already adopted stricter rules on telephone marketing.
A business may nevertheless continue to call its customers in connection with an ongoing contract, provided that the call relates to the subject matter of that contract, for example to offer an option or an additional service. Conversely, certain sectors remain closed to telephone marketing even with the consumer’s consent, in particular energy renovation and the adaptation of housing for ageing or disability.
Consent that can be proven and that expires
Decree No. 2026-662 of 23 July 2026 specifies the conditions for this consent. It must result from a clear affirmative action, such as an unticked box, and must specifically cover telephone marketing. The request for consent must state the identity of the business, the nature of the products or services concerned and the period during which the consumer agrees to receive calls. The consent is valid for no more than one year and may not be renewed tacitly. Proof of consent must be retained for at least three years and provided to the consumer upon request.
The consumer may withdraw consent at any time, including orally during a call. Where the number is collected when a contract is concluded, the contract must state that a consumer may not be contacted by telephone for marketing purposes without prior consent.
French law also imposes strict limits on the days, hours and frequency of commercial calls. These rules, which were already in force before the reform, continue to apply: calls are permitted only from Monday to Friday, from 10 a.m. to 1 p.m. and from 2 p.m. to 8 p.m., with a maximum of four solicitations over a 30-day period. At the beginning of the conversation, the salesperson states their identity, the identity of the business on whose behalf they are calling and the commercial nature of the call, and then hangs up if the other party refuses to continue.
A contract obtained through an unlawful call is void
The consequences of an unlawful call are particularly severe: the French Directorate-General for Competition, Consumer Affairs and Fraud Control (DGCCRF) may impose an administrative fine of up to EUR 375,000 on a legal person. In civil law, the sanction is even more serious. A contract concluded with a consumer as a result of unlawful telephone marketing is void, and the business that benefited from the calls is presumed responsible unless it can demonstrate that it was not the source of the violation. Entrusting the campaign to a subcontractor therefore does not protect the principal.
Business-to-business marketing escapes the reform, but not the GDPR
The reform protects consumers, meaning natural persons acting outside their professional activity. It remains possible to call a financial director to present them with management software without prior consent. The GDPR nevertheless continues to apply, which means in practical terms that the person called must be informed about the use of their contact details and must be able to object to any further contact.
German businesses will note the contrast with their own law. To call a business professional, Section 7 of the German Act Against Unfair Competition (UWG) requires at least presumed consent, meaning concrete reasons to believe that the call is of interest to that person. A cold call that is common practice in France may therefore be unlawful in Germany.
Points of caution
Consent may not be requested from the consumer during the marketing call. It must have been obtained before the call, for example by means of a form, when signing a contract or through an unticked checkbox.
If you entrust your campaigns to a call centre or purchase contact lists, make sure that your contract gives you access to proof of consent. Without such proof, you will have nothing to assert against the DGCCRF, and contracts signed as a result of these calls will remain exposed to nullity.
Sources: Act No. 2025-594 of 30 June 2025 against all forms of fraud relating to public aid, Article 13; Decree No. 2026-662 of 23 July 2026; Consumer Code, Articles L. 221-16, L. 223-1, L. 223-2 and L. 242-16 ; economie.gouv.fr, information sheet dated 21 August 2026; UWG, § 7.