Is the end of cold calling in France finally in sight?

France is set to introduce some of Europe's strictest rules on cold calling from August 11, with unsolicited marketing calls due to be banned across all sectors.

The reform means companies will generally only be allowed to contact consumers by phone if they have given clear prior consent, or if the call relates to an existing contract.

The change will effectively make the Bloctel opt-out list unnecessary, as consumers will no longer need to register their number to avoid most unsolicited calls.

However, a Constitutional Court ruling has struck down part of the new enforcement system, after judges found that companies risked being penalised several times for the same offence.

The ruling does not prevent the new restrictions from taking effect.

What changes on August 11?

Currently, France operates an opt-out system through Bloctel, where consumers can register their phone numbers to avoid unwanted marketing calls.

From August 11, 2026, unsolicited telephone marketing will be prohibited across all sectors by default.

Companies will only be able to make cold calls when:

• the consumer has given clear prior consent to be contacted; or

• the call concerns an existing contract with that company.

The reform is intended to end the need for consumers to rely on Bloctel, which will cease to operate after the new rules come into force.

Why did the court intervene?

The Constitutional Court ruling concerns how breaches of the new rules can be punished, rather than the ban itself.

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.

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 affect the introduction of the new cold-calling restrictions on August 11, 2026.