Chapter III: Opposition to cold calling

Consumers who do not wish to be the subject of commercial canvassing by telephone may, free of charge, register on an opposition list against telephone canvassing. A professional is prohibited, either directly or through a third party acting on his behalf, from canvassing by telephone a consumer registered on this list, except in the case of solicitations made in connection with the performance of a current contract and related to…

When a trader collects telephone data from a consumer, the trader shall inform the consumer of his right to register on the opposition list against telephone canvassing.When this collection of information takes place when a contract is concluded, the contract shall mention, in a clear and comprehensible manner, the existence of this right for the consumer.

The rental or sale of files containing telephone data and including the contact details of one or more consumers registered on the opposition to telephone canvassing list is prohibited.

The Minister responsible for the economy shall designate by order the body responsible for managing the telephone cold calling list, after competitive tendering, for a period set by regulation. The body mentioned in the first paragraph shall make accessible, in an open format that is easily reusable and usable by an automated processing system, the essential data on its activity, in compliance with articles L. 311-5 to L. 311-7 of…

The prohibitions provided for in articles L. 223-1 and L. 223-3 do not apply to canvassing for the supply of newspapers, periodicals or magazines. A decree, issued after consulting the Conseil national de la consommation, shall determine the days and times and the frequency at which such canvassing is authorised.

The provisions of this chapter apply without prejudice to articles 49 to 56 of law no. 78-17 of 6 January 1978 relating to data processing, files and freedoms.

The conditions for direct canvassing using an automatic calling machine, fax machine or electronic mail are set out in the Article L. 34-5 of the French Post and Electronic Communications Code.