Duty LXD-4573
Places automated calls, in France
Code des postes et des communications électroniques Article L. 34-5, Prior Consent to Direct Marketing by Automated Systems, Fax and Emailsince 5 lines
Code des postes et des communications électroniques, art. L. 34-5 · Read the law's page
- Obtain the prior consent of an individual, subscriber or user before sending direct marketing that uses their contact details by email, by fax or through an automated electronic communications system within the meaning of 6° of Article L. 32. Consent is a free, specific and informed expression of will to have their personal data used for direct marketing.
- Treat as direct marketing any message that promotes, directly or indirectly, goods, services or the image of a person selling goods or providing services, including calls and messages that invite the user or subscriber to call a premium-rate number or send a premium-rate text message.
- You may email direct marketing without fresh consent only where the recipient's details were collected from them, in compliance with the Loi Informatique et Libertés, in connection with a sale or a provision of services, the marketing concerns similar products or services supplied by the same person, and the recipient was offered, expressly and unambiguously, a simple way to object free of charge, apart from the cost of sending the refusal, when the details were collected and in each marketing email where they had not refused at the outset.
- In every such message, give valid contact details to which the recipient can send a request that the communications stop, free of charge apart from the cost of sending it.
- Do not conceal the identity of the person on whose behalf the message is sent, and do not state a subject unrelated to the service or product offered.
Code de la consommation Articles L. 223-1, L. 223-2 and L. 221-16 as Rewritten in 2025, Prior Consent to Telephone Canvassing of Consumerssince 6 lines
Code de la consommation, arts. L. 221-16, L. 223-1 and L. 223-2 (as rewritten by loi n° 2025-594 du 30 juin 2025, art. 13) · Read the law's page
- Do not phone a consumer to canvass, yourself or through a third party acting for you, unless the consumer has first consented to commercial canvassing by telephone.
- Collect consent as a free, specific, informed, unambiguous and revocable expression of will given by a clear positive act, and be able to prove that you obtained it on those terms.
- You may call a consumer without fresh consent only where the call is made in the performance of a current contract and relates to the subject of that contract, including an offer of related or complementary products or services or of ones that improve its performance or quality.
- You may call a consumer outside the days and hours set by decree only if the consumer has explicitly consented to be called at a precisely specified date and time and you can show that consent.
- When you collect a consumer's telephone data, tell the consumer that any commercial telephone solicitation needs their prior consent, unless it is made in the performance of a current contract. Where you collect the data on concluding a contract, state in the contract, clearly and understandably, that canvassing a consumer by telephone without prior consent is prohibited.
- End the call without delay and do not contact the consumer again if the consumer objects to the communication continuing.