Will the New August 11 Measures Be Effective?

Starting Tuesday, August 11, a new legal framework mandates that all companies must obtain explicit consumer consent before initiating any telephone marketing calls. Adopted in 2025, these measures shift the burden of proof from the consumer to the business, ending the previous reliance on the Bloctel registration system. According to the General Directorate for Competition, Consumer Affairs and Fraud Control (DGCCRF), this shift represents a move toward a universal prohibition on cold calling, with specific, restrictive requirements for businesses seeking to contact individuals.

Stricter Consent Standards for Telemarketing

Under the new rules, businesses can no longer rely on opt-out lists to justify unsolicited sales calls. The DGCCRF specifies that any company wishing to contact a consumer must secure consent that is “free, specific, informed, unambiguous and revocable.” This mandate requires an “active positive act” from the consumer, explicitly excluding methods such as pre-checked boxes on contracts.

Consent must remain limited to a single company and a specific type of good or service. Furthermore, this permission expires after one year and cannot be subject to tacit renewal. Consumers retain the right to withdraw their consent at any time, including verbally during an incoming sales call.

Did You Know?
The new regulations replace the Bloctel service, which the DGCCRF has formally characterized as a “notoriously ineffective” mechanism for managing consumer preferences regarding unsolicited commercial calls.

Penalties and Regulatory Oversight

The DGCCRF is tasked with enforcing this prohibition against all sectors, extending protections that previously applied only to specific industries, such as energy renovation and housing adaptation for the loss of autonomy. Companies and individuals failing to comply face substantial financial penalties.

Violators face fines of up to 75,000 euros per call for a natural person. For corporate entities, the potential penalty rises to 375,000 euros. The DGCCRF has also indicated that it intends to publish details regarding these sanctions, adding a layer of public accountability to the enforcement process.

Frequently Asked Questions

What happens to the Bloctel service under the new law?
The new legal framework renders the previous Bloctel system obsolete, as the law now establishes a principle of general prohibition on telemarketing rather than relying on consumer-led opt-out registrations.

How long does a consumer’s consent last?
Consent is valid for a maximum of one year and cannot be renewed tacitly. It must be renewed through another active, positive act by the consumer if a company wishes to continue contact.

Can a consumer cancel their consent during a call?
Yes, the DGCCRF confirms that consent is revocable at any moment, and consumers may exercise this right verbally during a telephone conversation.

How do you expect these stricter penalties to influence the volume of unsolicited calls you receive?

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