Consumer information on opposition to telemarketing

Since the law of January 6, 1978, relating to data processing, files, and freedoms, everyone can oppose the use or transfer of their personal data. This allows consumers, in particular, to object to various forms of commercial prospecting by professionals using their data.

These provisions were strengthened by the HAMON law, which added to Article L. 223-2 of the Consumer Code the obligation for any professional collecting a consumer's telephone data to inform them of their right to register on the list to oppose telemarketing. This obligation came into effect on June 1, 2016.

If the information related to the consumer's telephone data is collected at the time of entering into a contract, the contract must clearly and understandably mention the existence of this right for the consumer. This is therefore a new statement to be added to the general terms and conditions of any professional addressing the consumer.

The consumer will be able to register for free on this list available on the website www.bloctel.gouv.fr.

In addition to the obligation to provide information, the professional will be prohibited from soliciting consumers listed on this list, unless they are prior clients.

It is therefore the responsibility of the professional who wishes to conduct a prospecting campaign to verify through their registration on the site bloctel.gouv.fr that their clients are not on this list.

He must therefore purge his prospecting file of the contact details of individuals registered on this list. It is also reminded that the sale or rental of files containing telephone data and contact details of one or more consumers registered on the do-not-call list is prohibited.

These prohibitions do not apply to the protection for the provision of newspapers, periodicals, or magazines. A professional who does not comply with these provisions is subject to an administrative fine of up to €15,000 if they are an individual and up to €75,000 if they are a legal entity.