Opposition to canvassing
Consumer information on opposition to telephone canvassing
Since the law of 6 January 1978 relating to information technology, files and freedoms, everyone can object to the use or transfer of personal data concerning them. This allows consumers in particular to object to various forms of commercial prospecting by professionals using their data.
These provisions were reinforced by the HAMON law, which inserted into Article L. 223-2 of the Consumer Code the obligation for any professional required to collect a consumer's telephone data to inform the latter of their right to register on the telephone canvassing opposition list. This obligation came into force on June 1, 2016.
If information relating to the consumer's telephone data is collected at the time of concluding a contract, the contract must clearly and comprehensibly mention the existence of this right for the consumer. This is therefore a new mention to be added to the general conditions of any professional addressing the consumer.
The consumer can register for free on this list available on the site www.bloctel.gouv.fr .
In addition to the information obligation incumbent on him, the professional will be prohibited from soliciting consumers registered on this list, unless they are previous customers.
It is therefore the responsibility of the professional who wishes to carry out a prospecting campaign to check via their registration on the bloctel.gouv.fr website that their clients do not appear on this list.
He will therefore have to purge his prospecting file of the contact details of the people registered on this list. It is also recalled that the sale or rental of files containing the telephone data and contact details of one or more consumers registered on the telephone canvassing opposition list is prohibited.
These prohibitions do not apply to protection for the supply of newspapers, periodicals or magazines. Any professional who does not comply with these provisions is liable to an administrative fine of up to €15,000 if they are a natural person and up to €75,000 if they are a legal person.
