Chapter III: Opposition to cold calling

La liste d’opposition au démarchage téléphonique prévue à l’article L. 223-1 involves the automatic processing of personal data, the implementation and management of which are entrusted to a public-law or private-law body designated under the conditions set out in Article L. 223-4, for a maximum period of five years.

The purpose of this automated processing is to collect, record, store, manage and update the list containing the telephone numbers of consumers who do not wish to be canvassed by telephone. It enables businesses that use telephone canvassing to benefit from updated canvassing files from which the body mentioned in article R. 223-1, the contact details of consumers on the opposition list.

The personal information that may be entered on the opposition list is exclusively the telephone number(s) designated by the consumer together with the date and time of registration. Consumers wishing to register on this list may do so electronically or by any other means. Confirmation of registration is the subject of a registration receipt which is sent to the consumer by the organisation in the same way as the registration….

The body mentioned in article R. 223-1 is the only body authorised to collect, record, store, modify or process the information on the telephone anti-solicitation list. It is also solely authorised to update this list according to the registrations, deregistrations and changes of contact details that consumers communicate to it, to receive their commercial prospecting files from professionals and to bring the files into line with the list. It is…

The essential data mentioned in article L. 223-4 are : 1° The number of professional members; 2° The amount of fees paid by professional members; 3° The number of consumers and telephone numbers on the opposition list; 4° The number of telephone numbers transmitted by professional members for the purpose of removing numbers on the opposition list from their commercial prospecting files; 5° The number of telephone numbers of consumers…

The fee paid by professionals to the body mentioned in article R. 223-1 includes: 1° A fixed portion comprising, in addition to the registration fees paid when joining the service, those corresponding to the annual cost of managing the file opened by the organisation for each member professional; 2° A variable portion corresponding to the organisation’s annual costs associated with collecting, registering, storing and managing consumer telephone numbers as provided…

The professional who habitually carries out telephone canvassing activity shall regularly, and at least monthly, notify the body mentioned in article R. 223-1 in order to ensure that its commercial prospecting files comply with the list of those opposed to canvassing. The professional who makes secondary use of telephone canvassing shall consult this body prior to any telephone canvassing campaign.

Unless the consumer has unsubscribed, the data contained in the opposition list is kept by the organisation for a period of three years from the expiry of the registration period.

A Government representative is appointed by order of the Minister for the Economy to the body in order to check that it is complying with the legal and contractual obligations placed on it.

The solicitation of a consumer by telephone for the purposes of commercial canvassing, including that referred to in article L. 223-5, is authorised on the one hand only from Monday to Friday, except when these days are public holidays pursuant to article L. 3133-1 of the Labour Code, and on the other hand only from 10 a.m. to 1 p.m. and from 2 p.m. to 8 p.m., these times corresponding…