Telephone canvassing remains a powerful commercial tool, but its legal framework has never been stricter. Between GDPR, French telephone canvassing law, and the Bloctel system, companies must navigate a complex regulatory environment. Here's what you absolutely need to know in 2026.
GDPR Applied to Telephone Canvassing
Legal Bases for Calling a Prospect
The General Data Protection Regulation (GDPR) requires a legal basis for any processing of personal data, including the use of a phone number for commercial purposes. Two legal bases are mainly used for telephone canvassing:
1. Explicit Consent
This is the most legally solid basis. The person has given their prior, free, specific, and informed agreement to be contacted. This consent must be:
- Free: no pressure or negative consequences in case of refusal
- Specific: clearly linked to the prospecting activity
- Informed: the person knows exactly what they are consenting to
- Unambiguous: a clear positive action (checkbox, signature...)
2. Legitimate Interest
For existing customers only, the company can invoke its legitimate interest in recontacting them. According to the CNIL, this legal basis is acceptable for "commercial prospecting operations towards a company's customers."
Information Obligations
Each telephone solicitation must allow the contacted person to:
- Know the identity of the calling organization
- Object simply and free of charge to new calls
Strengthened French Legal Framework
Bloctel: The Essential Opposition List
Since 2016, the Bloctel system allows individuals to register on an opposition list for telephone canvassing. For all the latest updates, see our article Bloctel 2025: what changes for businesses. Companies must:
- Clean their files before any campaign (except existing customers with ongoing contracts)
- Renew the cleaning regularly (recommended: every month)
- Keep proof of consultation for 3 years
Penalties for non-compliance:
- Up to €75,000 for an individual
- Up to €375,000 for a company
For a complete overview of recent fines, see our article on Bloctel sanctions 2024-2025.
Legally Regulated Hours
Since the decree of October 13, 2022, telephone canvassing is prohibited:
- Weekdays: before 10am and after 1pm, then before 2pm and after 8pm
- Weekends and public holidays: completely prohibited
- Frequency: no more than 4 attempts per month for the same consumer
Sectors with Specific Regulations
CPF and energy renovation: Since 2023, telephone canvassing is outright prohibited for training using the Personal Training Account (CPF) and certain energy renovation works.
How to Stay Compliant in 2026
Checklist for Call Centers
- ✅ Verify the legal basis of each contact file
- ✅ Clean on Bloctel before each campaign
- ✅ Respect authorized hours (10am-1pm, 2pm-8pm weekdays)
- ✅ Train telemarketers on clear identification
- ✅ Offer opt-out at the beginning of the call
- ✅ Document consents and objections
Monitor Your Numbers' Reputation
Reports from individuals on apps like Hiya, Truecaller, or directly with carriers can quickly classify your numbers as "likely spam." Avoid the 5 mistakes that get your numbers blacklisted and remember to:
- Regularly monitor your numbers with a verification service
- Vary your numbers to avoid wear
- Respect rest periods between campaigns
What to Do If Your Number Is Flagged as Spam?
If your number appears as "likely spam" on Orange or in anti-spam apps, check our complete guide to unblock a number with every carrier.
CNIL Sanctions to Watch
The CNIL has strengthened its controls on abusive telephone canvassing. In 2024-2025, several companies were sanctioned for:
- Lack of valid consent
- Non-compliance with the right to object
- Failure to inform individuals
Fines can reach 4% of turnover or €20 million for serious GDPR violations.
Sources: CNIL, Service-Public.fr, French Consumer Code, Decree No. 2022-1313
⚠️ Disclaimer:<\/strong> The information in this article is provided for informational purposes only. Regulations change regularly and their interpretation may vary. HUHU is not a law firm. We recommend consulting a legal professional for any questions regarding your specific situation.<\/em><\/p>
