Cold calling : what the Law of August 11, 2026 will change for call centers
Table of contents
August 11, 2026, will mark a historic turning point in the customer relations sector in France. On this date, the law against all public aid fraud, enacted on June 30, 2025, will come fully into force, imposing strict restrictions on telemarketing practices. For call centers and B2C companies, understanding the implications of this regulation on outbound calls for commercial prospecting becomes a major strategic priority.
The end of an era: the ban on unsolicited telemarketing
A point of no return for Telemarketing
Starting August 11, 2026, any outbound call for commercial prospecting purposes to a private individual’s number will be prohibited unless that individual has previously consented to being contacted. This legislative measure completely reverses the logic that prevailed under the previous Bloctel system, moving from an opt-out mechanism to an opt-in system.
Updated on 08/07/2026 The implementing decree specifies that the Bloctel opposition mechanism is now replaced, for telephone prospecting, by a requirement for prior consent. In practice, a company may only call a private individual if it is able to demonstrate that the individual has given valid consent in accordance with the conditions set out in the decree.
In practical terms, this means that call centers and B2C companies will no longer be able to make unsolicited calls to private individuals without first obtaining their formal consent.
Updated on 08/07/2026 The decree clarifies that this consent must result from a positive, freely given, specific, informed, unambiguous and clearly expressed act. Mere presumption of agreement or implied consent is no longer sufficient.
Why such a decision?
According to a survey conducted by UFC-Que Choisir in October 2024, commercial cold calling annoys nearly 97% of French people. Beyond this daily nuisance, the increase in telephone scams, particularly in the energy renovation and CPF training sectors, has made stricter legislation essential.
Previous measures designed to regulate these practices have not been sufficient to effectively protect consumers from abusive solicitation and fraud. This new law therefore aims to put a definitive end to outbound calls made without prior consent.
Requirements for prior explicit consent
The five criteria for valid consent
The law requires companies to obtain consumers’ free, specific, informed, unambiguous and revocable consent. Each of these terms has a legal meaning that organizations must fully understand.
Free: Consent must be given without any constraint, pressure, or conditions. An individual cannot be required to agree to be contacted in order to access a service or obtain a quote.
Specific: Consent must relate specifically to telephone prospecting. General authorization to be contacted is not sufficient if it does not explicitly mention commercial telephone calls.
Updated on 08/07/2026 The decree adds that consent must also identify the professional authorized to contact the consumer and, where applicable, the third party making calls on its behalf. It must also specify the goods or services covered by the prospecting activity. Generic consent authorizing “partners” to contact the consumer therefore no longer meets the new regulatory requirements.
Informed: The consumer must know exactly what they are consenting to. The company must clearly provide essential information about the intended use of their consent, for example, when it plans to make outbound calls for commercial purposes.
Unambiguous: Consent must result from a clear affirmative action by the consumer. Pre-checked boxes are strictly prohibited. The individual must take a deliberate action, such as ticking an empty box or clicking a confirmation button.
Updated on 08/07/2026 The decree confirms that a pre-ticked box, implied agreement or simply continuing to browse a website does not constitute valid consent. Only a voluntary and explicit action by the consumer can result in consent that complies with the regulations.
Revocable: The consumer must be able to withdraw their consent at any time, as easily as it was given. Companies will need to implement simple procedures to handle these revocation requests.
Updated on 08/07/2026 The decree specifies that consent may be withdrawn at any time, including verbally during a telephone call. It also requires that withdrawing consent must never be more complicated than giving it in the first place.
Consent now has a limited validity period
Updated on 08/07/2026 The decree introduces an important new requirement: consent is valid for a maximum period of one year from the date it is collected. Once this period has expired, the company must obtain new consent before launching any further telephone prospecting campaign. No tacit or automatic renewal is permitted.
Proof of consent becomes a key requirement
In addition to these five criteria, proof of consent must be timestamped and contextualized using the following information:
- the date on which consent was collected;
- the channel used to collect consent;
- the exact wording accepted by the consumer;
- the identity of the calling company.
(Updated on 08/07/2026) The decree strengthens this proof requirement. Companies must be able to demonstrate that consent meets all legal requirements. This evidence must be retained for three years and may be requested free of charge by the consumer, who must be able to obtain a copy on a durable medium.
If a company cannot demonstrate compliant consent, or if any of the conditions laid down by the decree are not met, the consumer is legally deemed never to have given consent.
How to obtain consent in compliance with the Law
Companies have several methods to obtain the consent required for outbound calls. Here are the most common ones:
Online form: During a quote request, newsletter sign-up, or any digital interaction, a non-pre-checked box explicitly stating acceptance to be contacted by phone for commercial purposes.
(Updated on 08/07/2026) The decree confirms that this box must remain entirely optional and must require a voluntary action by the consumer. Simply continuing to browse the website can under no circumstances be considered consent.
Recorded telephone conversation: During a call to customer service, an agent obtains the customer’s verbal agreement to receive future commercial outbound calls. This agreement must be recorded and retained. Consent obtained through this channel is only valid if the initial call itself was authorized.
Omnichannel journeys:
Consent may be collected at different points throughout the customer journey: via a chatbot, live chat, electronic signature, digital form, or through synchronization with the CRM or telephony system.
Whatever method is used, it is essential to document how consent was collected, because the company is now responsible for demonstrating that it had the necessary authorization to make the call.
(Updated on 08/07/2026) Companies will also have to implement mechanisms to track the validity period of consent, its expiration date, any withdrawal, and the retention of evidence for three years.
A few exceptions: when outbound calls remain permitted
Existing contractual relationship
The law provides for a major exception to the ban on outbound calls: companies may continue to contact their customers by telephone as part of an existing contract, provided that the call concerns a service or product directly related to that contract.
This exception notably covers:
Customer follow-up: Calling a customer to inform them about the status of their order, a delivery, or a scheduled technical service.
Up-selling and cross-selling: Offering complementary products or upgrades, but only when the proposal is directly related to the existing contract and this connection can be objectively demonstrated. For example, a telecommunications operator may contact a customer with a mobile subscription to offer them a fixed-line internet package.
Customer retention: Contacting customers to inform them about special offers, new services or a loyalty program, provided that these proposals remain directly related to the existing contractual relationship.
However, this exception must be interpreted strictly. A call intended to promote a product or service unrelated to the existing contract will require the customer’s explicit consent, even if the person is already a customer of the company.
(Updated on 08/07/2026) The decree reminds companies that this exception does not exempt them from respecting consumer rights during the call. If the customer objects to being contacted or withdraws previously given consent, including verbally during the conversation, the professional must immediately end the call and record the objection so that no further prospecting is carried out on the basis of that consent.
Some additional sector-specific exceptions
Certain activities remain permitted without prior consent:
- Surveys and polls: Research institutes may continue conducting surveys, provided they are not used as a pretext for disguised commercial prospecting.
- Debt collection: Calls intended to recover outstanding debts remain permitted.
- Public services: Public bodies may contact private individuals as part of their public service missions.
- Press sales: Prospecting for newspapers, periodicals and magazines benefits from an exemption provided for by law.
These calls must nevertheless be distinguished from genuine commercial prospecting activities. As soon as a call is primarily commercial in nature, the rules concerning prior consent apply.
Outbound B2B calls: more flexible rules
Unlike prospecting aimed at private individuals, telephone prospecting aimed at professionals remains permitted and does not require prior consent. However, it is not free from constraints and must comply with several key legal principles.
First, the call must be based on a legitimate interest of the company. In practical terms, this means that the prospecting activity must have a direct and reasonable connection with the professional activity of the person being contacted. Calling a company director, purchasing manager or relevant department to propose an offer that is relevant to their business activity is permitted. By contrast, contacting a professional with an offer that is clearly unrelated to their role or industry may be considered abusive.
Next, the prospect’s right to object must be fully respected. Any person contacted in a professional capacity must be able to:
- immediately refuse the call;
- request not to be contacted again;
- have this request implemented without delay by the company.
This right to object must be clearly mentioned during the call and effectively reflected in the company’s prospecting databases.
Finally, clear caller identification is mandatory. The company must unambiguously state its identity, the commercial purpose of the call and, where applicable, the account on whose behalf it is acting. Practices involving the concealment of the caller’s true identity or creating confusion about the purpose of the call are prohibited.
Thus, while the B2B regime remains more flexible than the one applicable to B2C, it is still subject to specific obligations, notably those arising from the GDPR. Companies may continue their B2B telephone prospecting campaigns provided that they comply with these rules.
What are the penalties for unsolicited outbound calls?
Significant fines
Penalties can reach €75,000 for individuals and €375,000 for legal entities in cases of unlawful telephone solicitation. These substantial amounts are intended to deter companies and their principals from circumventing the law and to effectively protect consumers.
The reputational impact should not be underestimated either: the extensive media coverage surrounding decisions issued by the competent authorities can have a lasting effect on a company’s brand image and undermine the trust of its customers, partners and prospects.
The burden of proof is reversed
One of the most restrictive aspects of this new regulation concerns the burden of proof. If a consumer files a complaint claiming that they were contacted without their consent, the company must demonstrate that it had the necessary authorization to make the outbound call.
This reversal requires companies to implement robust traceability and archiving systems, capable of quickly retrieving proof of consent for each dialed number.
(Updated on 08/07/2026) The implementing decree significantly strengthens this obligation. Companies must now be able to prove not only that consent was collected, but also that it meets all legal requirements. In particular, they must be able to demonstrate:
- the date on which consent was collected;
- the method used to collect it;
- the exact content accepted by the consumer;
- the identity of the professional authorized to conduct the prospecting;
- where applicable, the identity of the third party acting on its behalf;
- the goods or services covered by the consent.
The decree also requires this evidence to be retained for three years. During this period, consumers may request a free copy of the evidence on a durable medium.
Finally, the legislation provides that in the absence of proof, or if any of the legal conditions for consent are not met (expired consent, insufficiently specific consent, unidentified professional, etc.) the consumer is deemed never to have consented to being contacted.
Enhanced oversight by authorities
The Directorate General for Competition, Consumer Affairs, and Fraud Control (DGCCRF), the National Commission on Informatics and Liberty (CNIL), and the Regulatory Authority for Electronic Communications, Posts, and Press Distribution (ARCEP) will be able to share documents obtained within the scope of their missions.
This coordination between authorities significantly strengthens oversight capabilities and increases the risk of detection in the case of prohibited outbound calls. Companies can expect more frequent and thorough inspections of their telemarketing practices.
(Updated on 08/07/2026) The implementing decree also facilitates inspections by precisely defining the information companies must be able to produce during an audit. Authorities will therefore be able to verify the validity of consent, the date it was collected, its validity period, its scope and whether it has subsequently been withdrawn.
Towards new prospecting strategies
In the face of this ban on unconsented outbound calls, companies have no choice but to completely rethink their acquisition strategies. Several options are available to them:
Inbound marketing: Rather than calling prospects, companies have every incentive to develop high-value content, white papers, webinars, demonstrations and offers designed to encourage prospects to contact them directly.
Optimization of digital channels: Develop strategies for email marketing, SMS marketing (also subject to consent), targeted social media advertising, and online chat.
Highly precise qualification: Focus on highly qualified prospects rather than large volumes, leveraging behavioral data and purchase intent signals.
Customer service development: Turn customer service calls into commercial opportunities by training agents in upselling and cross-selling, while respecting the existing contractual relationship.
How to properly prepare for the August 11, 2026 deadline
With the imminent enforcement of this regulation on prohibited outbound calls, organizations must act quickly to ensure compliance:
- Audit prospecting lists and databases: identify all private individuals’ numbers in databases and verify, for each one, whether compliant consent exists under the new legal requirements.
- Implement rigorous consent management: be able to trace the origin of consent, the date it was collected, the channel used, the wording accepted, the goods or services concerned, the identity of the professional authorized to call, and any request to withdraw consent.
(Updated on 08/07/2026) The decree specifies that consent can only remain valid for a maximum of one year. Companies must therefore ensure that no campaign is conducted on the basis of expired consent and that new consent is collected whenever necessary.
- Train teams: raise awareness among all employees of the new rules so that they know how to verify the existence of valid consent before every prospecting call and can immediately process any objection expressed by a consumer.
(Updated on 08/07/2026) The decree reminds companies that consumers may withdraw their consent at any time, including verbally. The conditions for withdrawing consent must be as simple as those used to obtain it. To this end, consumers must be able to call a telephone number made available for exercising this right. Advisors must be trained to recognize any request to withdraw consent and act on it immediately.
- Review forms and customer journeys: update consent collection forms, contracts, digital journeys and information notices so that the consent collected meets all the requirements set out in the law and its implementing decree.
Opportunities for proactive companies
While this regulation represents a major constraint, it also creates opportunities for companies that are able to adapt quickly.
- Competitive differentiation
Companies that build consent databases compliant with the new requirements will gain a significant competitive advantage. They will be able to continue their prospecting campaigns within a secure framework, while organizations that failed to anticipate these changes will have to urgently rethink their practices.
- Improved contact quality
By contacting only people who have explicitly agreed to be approached by telephone, companies should benefit from more qualified contacts, better conversion rates and more relevant conversations.
The approach is therefore shifting from volume-based prospecting to quality-based prospecting.
- Greater consumer trust
Respecting consent also helps strengthen the relationship of trust between companies and their customers. Consumers are more likely to engage with a company when they know that it respects their choices and personal data.
- Greater professionalization of the industry
This reform should accelerate the professionalization of the customer relationship industry. Companies with rigorous processes and strong data protection governance will be better equipped to meet the new regulatory requirements.
Conversely, organizations that still rely on poorly documented or insufficiently controlled practices may face increasing difficulties.
From the decline of Bloctel to the emergence of a new regulatory framework
The end of the opposition system
The reform coming into force on August 11, 2026 marks a profound change in the philosophy of telephone prospecting in France. Until now, the Bloctel system was based on an opposition mechanism: consumers had to register on a list to prevent companies from contacting them.
The principle is now reversed: a professional may only contact a private individual if that person has previously given their consent.
(Updated on 08/07/2026) The implementing decree confirms that, for the commercial prospecting calls covered by this reform, relying on Bloctel is no longer the legal basis for making a call. The legality of the prospecting activity now rests exclusively on the existence of prior consent that meets the conditions laid down by the legislation.
Companies will therefore no longer simply need to check that a number is not registered on an opposition list: they will have to be able to demonstrate that they have valid consent before making any prospecting call.
A stricter regulatory framework
The new legislation builds on existing regulations, particularly the GDPR, by significantly strengthening the requirements applicable to consent in the context of commercial communications.
(Updated on 08/07/2026) With the publication of the implementing decree, the practical rules are now clearly established. The text notably specifies:
- the characteristics that valid consent must have;
- the information that must be provided to consumers;
- the elements required to precisely identify the professional authorized to conduct prospecting;
- the obligation to specify the goods or services concerned;
- the maximum validity period of consent, set at one year;
- the absence of tacit renewal;
- the procedures for withdrawing consent, including verbally;
- the obligations regarding the retention and proof of consent for three years.
These clarifications now provide a much clearer legal framework for both companies and consumers.
About the author
As Head of Marketing & Communications at Nixxis France, Andrew Verbrugghe combines strategic vision with an insatiable curiosity for digital innovations. Passionate about the evolution of marketing practices, he is particularly interested in the impact of artificial intelligence on customer experience and corporate communications. Through his articles, he analyzes emerging trends and shares expertise honed at the heart of current digital transformations.
About the author
As Head of Marketing & Communications at Nixxis France, Andrew Verbrugghe combines strategic vision with an insatiable curiosity for digital innovations. Passionate about the evolution of marketing practices, he is particularly interested in the impact of artificial intelligence on customer experience and corporate communications. Through his articles, he analyzes emerging trends and shares expertise honed at the heart of current digital transformations.
