France has moved consumer telemarketing from an opt-out system to an opt-in regime, a change likely to affect how advertisers, lead generators and affiliate networks handle phone data.
The rules took effect on 11 August, replacing Bloctel, France’s “do not call” register, with an opt-in system. Under the previous regime, consumers had to add their number to Bloctel to stop most unsolicited sales calls; businesses must now obtain prior consent before calling, subject to limited exceptions.
Consent must be free, specific, informed, unambiguous and revocable. A July decree adds that the request must identify the professional and, where relevant, the third party acting for it, together with the goods or services involved. Consent can last no more than one year and cannot renew automatically. Evidence must be stored for three years.
The shift follows years of complaints about unwanted calls and doubts over whether Bloctel was effective. In the explanatory memorandum behind an earlier Senate proposal, lawmakers wrote: “On average, French people receive six unwanted calls a week… sometimes much more!” They added that telemarketing “continues to exasperate nine out of 10 French people”, while describing Bloctel as “very imperfect”.
The final legislation also broadens the risk for businesses further up the chain. A company that has profited from telephone solicitations carried out in breach of the rules is presumed responsible unless it can show it was not behind the violation. Contracts concluded after unlawful telephone canvassing are void. Breaches can attract administrative fines of up to €75,000 for an individual and €375,000 for a company.
France’s regime sits within an EU framework that still leaves room for national differences over live marketing calls. The result is a patchwork of rules across Europe.
The Netherlands introduced a tougher opt-in rule on 1 July 2026. Germany already prohibits marketing calls to consumers without their prior express consent.
Spain takes a different approach. Commercial calls can be made with prior consent, but the Spanish data protection authority also allows companies to rely on legitimate interest in some cases.
Italy’s regulator has meanwhile challenged the use of broadly worded consent and customer data obtained through third parties. In a 2025 enforcement action, it said: “Consent to the transfer of personal data to third parties for marketing purposes can be considered genuinely free only if the data subject is guaranteed an effective choice and control over their data.”
For affiliate businesses, France’s change puts lead provenance closer to the centre of commercial risk. A phone number collected through a comparison site, co-registration form or lead broker is not enough by itself: the consent record has to support the identity, purpose and period of the proposed call.
That makes broad wording such as “selected partners may contact you” harder to rely on for French telemarketing. Advertisers buying leads will have reason to demand consent records, timestamps and evidence of what the consumer agreed to, while affiliates may face more scrutiny over how those records are captured and passed downstream.
Across Europe, the details still differ. For telephone-led performance marketing, however, proof of permission is becoming as important as the lead itself.
These are exactly the kinds of shifts affiliates and advertisers will be discussing on the ground in Rome. Get your ticket today and learn more at the newly launched Affiliate Grand Slam, bringing 250+ exhibitors and 50+ expert speakers to Rome, 02–05 November 2026.
