I.-For the application of 1° of I of article L. 112-2-2:
1° Distributors shall inform the subscriber at the beginning of the call :
a) That, in accordance with the law, telephone conversations are recorded and, if an insurance contract is concluded, kept for a period of two years from the signing of the contract;
b) Of their right to obtain a copy of the recording;
c) that if they do not wish to be recorded, the telephone conversation may not continue and that the distributor is obliged to end it immediately;
2° Distributors shall inform their employees of the existence of the recording system provided for in this article, its purposes and the legal period for which recordings may be kept. They shall inform them that their private calls are excluded from this system.
II.-For the application of IV of article L. 112-2-2, and without prejudice to recordings made by distributors as part of the systems mentioned in articles L. 354-2 and L. 516-1:
1° Distributors shall ensure that telephone communications are recorded and stored under conditions that guarantee their integrity and security. They shall also ensure that these communications are usable, which implies that they can be listened to, copied and exported without their original recording being altered or erased, even when the contract is no longer in force following a waiver or cancellation;
2° Distributors shall strictly limit access to recordings to the agents of the Autorité de contrôle prudentiel et de résolution and the agents mentioned in articles L. 511-3 and L. 511-21 of the French Consumer Code.
They shall provide these agents with the recordings without delay if they so request;
3° Distributors shall destroy the recordings:
a) Without delay, when the subscriber or potential subscriber has explicitly opposed further telephone communication or the commercial proposal;
b) In the absence of a favourable response to a commercial proposal, within a period of one month from the date of this proposal, the subscriber or potential subscriber thereby indicating a lack of interest or his wish not to follow up this proposal within the meaning of the second paragraph of 1° of I of article L. 112-2-2.
III.-For the application of V of article L. 112-2-2:
1° The current contract is understood to be any insurance contract or any contract relating to the operations mentioned in articles L. 311-1 and L. 311-2 of the Monetary and Financial Code in force on the date of the telephone canvassing.
The parties to the contract and the distributor who directly offered it are deemed to be bound by the contract;
2° A call may not be deemed to have been solicited or consented to when:
a) The subscriber or potential subscriber has not been informed prior to the solicited call of the identity of the distributor who is going to call him and, where applicable, of his registration number in the register referred to inarticle L. 512-1 of the Insurance Code ;
b) The call is made after a period of thirty days following the date on which the subscriber or potential subscriber requested the call or agreed to be called;
c) The subscriber or potential subscriber expressly took the action referred to in the first paragraph of V of article L. 112-2-2 did not take place prior to the telephone call;
d) Consent was given during a telephone call not initiated by the subscriber or prospective subscriber, or is solely the result of a pre-written statement on a document by which the subscriber or prospective subscriber acknowledges, without any express consent on his part being necessary, that he has requested a call or consented to be called;
3° The distributor must equip itself with a system for storing and archiving, for a period of two years, all the supporting documents referred to in the second paragraph of V of Article L. 112-2-2.
This system makes it possible, in particular, to identify the subscriber or potential subscriber who requested the call or agreed to be called, to determine the date and time of the request or call and all the information provided to the subscriber or potential subscriber with a view to obtaining his express agreement to be called.
Distributors shall provide the agents mentioned in 2° of II with the supporting documents without delay when these agents request them.
IV -A distributor who contravenes any of the obligations set out in I to V of article L. 112-2-2 is liable to a fine for a 5th class offence.