Cold calling is now prohibited!

In recent years, canvassing individuals by phone for commercial purposes has been highly regulated. Since 11 August 2026, it has been purely and simply prohibited, with some exceptions.

Mandatory consumer consent

Since 11 August 2026, telephone canvassing is only possible if the consumer has previously expressed, “freely, specifically, informed, unequivocally and revocably”, his or her consent to be canvassed by this means.

In practice, the consumer’s consent can be given, for example, during a purchase, or a visit to a store. And be careful: to obtain this consent, the company must provide the consumer, through a clear and understandable request, with the following information:
- its identity;
- the canvassing proposal, its purpose and duration, which is limited to one year from the date of obtaining consent (no tacit renewal possible);
- the nature of the goods or services for which consent is sought;
- the possibility for the consumer to access the medium (for example a dedicated and secure online interface) including proof of his or her consent;
- the consumer’s right to withdraw consent at any time and the terms and conditions under which this withdrawal may be exercised.

The consumer’s consent must result from a clear positive act. In this regard, a pre-drafted statement on a document by which the consumer consents to be called does not constitute a clear positive act.

An exception for current contracts

As an exception, cold calling remains possible when it takes place in the context of the performance of a current contract, to which the consumer has previously subscribed, and is related to the subject of this contract. In this case, the customer’s consent is not required.

Prohibition of cold calling for certain services

Already prohibited when it is for the sale of equipment or the carrying out of work for housing with a view to saving energy or producing renewable energy, telephone canvassing is now prohibited for all the services associated with it.

In addition, since 11 August 2026, cold calling is also prohibited when its purpose is to offer services related to the adaptation of housing to ageing or disability, whether it is an offer of services, the sale of equipment or the carrying out of work.

Again, these prohibitions

Penalties incurred

The contract concluded with a consumer following telephone canvassing carried out in violation of these rules can be annulled in court. And the business incurs, in particular, an administrative fine of up to €75,000 if it is a natural person and up to €375,000 if it is a company.