France’s new cold-calling law partly ruled unconstitutional

France’s Constitutional Court has ruled that part of a new system designed to regulate telemarketing and unsolicited phone calls is unconstitutional.

The reform, due to take effect on August 11, was intended to tighten France’s cold-calling rules by moving towards an opt-in system, where companies would only be allowed to contact consumers who have given prior consent. This would replace the current opt-out system based on Bloctel, where consumers register to avoid being contacted.

What the case was about

The case was brought by Orange SA during proceedings before the Conseil d’État (France’s highest administrative court). It challenged the fact that several different authorities could impose penalties for the same telemarketing offence.

Under the system in question, the CNIL (data protection authority), ARCEP (telecom regulator), and the DGCCRF (consumer protection authority) could all fine companies for the same behaviour, such as contacting consumers without valid consent.

What the French court decided

The Constitutional Court agreed that this arrangement was unconstitutional.

It ruled that allowing multiple authorities to sanction the same facts breached the principle that penalties must be necessary and proportionate, as it could lead to companies being punished more than once for the same offence.

The court therefore struck down the relevant provisions of the law.

However, despite the provisions being declared unconstitutional, they will remain in place until October 31, 2027, to avoid legal disruption and allow ongoing cases to continue.

Until then, a second authority will not be able to pursue sanctions where another regulator has already acted against the same person for the same offence.

The ruling does not change the upcoming restrictions on cold-calling. Telemarketing remains tightly regulated, and these changes are still expected to come into effect on August 11, 2026.