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 Consumers

Article L. 223-1 prohibits canvassing a consumer by telephone, directly or through a third party acting on the professional's behalf, where the consumer has not first consented to commercial canvassing by that means. Consent means any free, specific, informed, unambiguous and revocable expression of will by which a person accepts, by a clear positive act, that personal data about them be used for commercial canvassing by telephone.

The professional must prove that the consumer's consent was obtained on those terms. The prohibition does not apply 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.

A professional may call a consumer outside the days and hours set by decree if the consumer explicitly consents to be called at a precisely specified date and time and the professional can show that consent. When a professional collects a consumer's telephone data, Article L. 223-2 requires it to inform the consumer that any commercial telephone solicitation needs the consumer's prior consent, unless it is made in the performance of a current contract.

Where the data is collected on concluding a contract, the contract must state, clearly and understandably, that canvassing a consumer by telephone without prior consent is prohibited. Article L. 221-16 requires a professional to end the call without delay and not to contact the consumer again if the consumer objects to the communication continuing. The law repeals Articles L. 223-3 and L. 223-4.