Privacy & Cybersecurity Law Blog

On June 1, 2016, a new do-not-call list (the “BLOCTEL list”) was implemented in France. French residents who do not wish to receive marketing phone calls may register their landline or mobile phone number online at www.bloctel.gouv.fr.

The BLOCTEL list was created by French Consumer Law No. 2014-344 of March 17, 2014. This law prohibits companies from (1) making marketing calls to a consumer registered on the BLOCTEL list, except if the consumer is an existing customer of that company, and (2) selling or renting files containing the contact information of consumers registered on that list. According to the French Consumer Code, companies that do not comply with these requirements may face a fine of €15,000 to €75,000.

The French data protection authority (“CNIL”) stated that companies must inform consumers of the existence of the BLOCTEL list and ensure that the telephone numbers they call are not on the list before conducting any telephone marketing campaigns. In practice, companies will not have direct access to the BLOCTEL list, but they will have to regularly request access to the list (at least once a month) to ensure their telephone marketing activities comply with French law.