France Ends Unsolicited Telemarketing: The Opt-In Regime Takes Effect on 11 August 2026

From 11 August 2026, France prohibits telephone solicitation of consumers who have not given prior consent, replacing the outgoing time-restricted opt-out framework with a blanket opt-in regime across all sectors. The shift, codified in Article L223-1 of the Code de la consommation and operationalized by Decree n° 2026-662 of 23 July 2026, makes prior consumer consent the sole legal basis for a business to initiate a cold call to a private individual. (Légifrance, 2026-08-09; Légifrance, 2026-07-23)

Until now, French law permitted démarchage téléphonique from Monday to Friday between 10:00–13:00 and 14:00–20:00, with consumers relying on the Bloctel opposition list to opt out of unsolicited commercial calls. (economie.gouv.fr) That framework is now inverted. Where the previous model allowed solicitation by default and let consumers withdraw, the new model prohibits it by default and requires affirmative consent before any call is placed. (DGCCRF, 2026-07-27)

The legal foundation is the law of 30 June 2025 against all frauds (law n° 2025), whose Article 13 (III) mandated the new consent requirement in the Code de la consommation. (Légifrance, 2026-08-09) The application decree, published in the Journal Officiel on 23 July 2026, defines the modalities of the consent regime. (Légifrance, 2026-07-23) The DGCCRF (Direction générale de la concurrence, de la consommation et de la répression des fraudes) confirmed in its 5 August 2026 update that professionals will no longer be allowed to telephone-solicit a consumer absent prior consent, and that the prohibition applies across all sectors. (DGCCRF, 2026-08-05; economie.gouv.fr)

France's data-protection authority, the CNIL (Commission nationale de l'informatique et des libertés), published official guidance ahead of the effective date stating that "le principe: le démarchage téléphonique est interdit" from 11 August 2026. (CNIL) The CNIL's June 2026 guidance specifies that consumers can no longer be solicited by telephone unless they have given prior consent or a stated exception applies. (CNIL, 2026-06-10) Prior to that date, the rules applicable to commercial prospection by postal mail governed telephone prospection without an automated calling device (hors automate d'appel). (CNIL, 2026-06-10) The CNIL also addressed B-to-C data transmission to partners in the same June 2026 guidance, signaling awareness that consent requirements extend through the data-supply chain, not only the call itself. (CNIL, 2026-06-10)

The law is backed by Emmanuel Macron's government, as reported by Euronews on 6 August 2026. (Euronews, 2026-08-06)

The DGCCRF had flagged the change in its end-of-2025 consumer outlook, noting that from 11 August 2026 it would no longer be possible to telephone-solicit someone for a given reason, marking a change in approach to démarchage téléphonique. (DGCCRF, 2025-12-31)

The broader context here is a regulatory inversion with teeth. France is not merely tightening an existing restriction; it is reversing the burden of initiative. Under the prior regime, a consumer had to actively register on an opposition list to stop calls. Under the new regime, the burden shifts entirely to the business, which must obtain and presumably demonstrate prior consent before dialing. This is structurally analogous to the EU's GDPR consent standard for personal data processing, where silence or pre-ticked boxes do not constitute consent. The CNIL's parallel guidance on B-to-C data transmission to partners suggests the regulator is looking at the full pipeline, from lead generation through the actual call, which could expose intermediaries and data brokers to liability if they supply contact lists without verifiable consent.

For businesses operating call centers or lead-generation pipelines in France, the compliance calculus is straightforward but demanding. Existing contact lists built under the prior opt-out model are likely non-compliant prospecting assets unless each individual on them has given affirmative, documented consent. Companies relying on purchased lists face the same problem at one remove. The all-sector scope leaves no carve-outs for specific industries. And the involvement of the DGCCRF, which has enforcement authority over consumer protection infractions, means violations can carry administrative penalties under the Code de la consommation.

The transition also raises questions about enforcement coordination. The CNIL governs data-protection aspects of commercial prospection; the DGCCRF enforces consumer-protection rules on démarchage. Both have published guidance in the lead-up to 11 August 2026, and their frameworks overlap on the consent question. Businesses will need to satisfy both authorities' expectations, which, on the core point of prior consent, now converge.