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The new consumer act of March 17 is now in force. Among its key measures, it plans the creation of a centralized do-not call list.

Before making a phone call for marketing purposes, any business will first have to verify whether the target is registered on this centralized list. Implementation details of this list will be set by a decree, which is expected in April.

Registration on this list must be offered by any business upon collection of phone call details. Businesses will then have to amend their contractual and online documents and notices in B-to-C relationships.

Calling someone on the list is sanctioned by a fine of a maximum of 75,000 euros per breach, if a legal entity has committed the offense, and 15,000 euros if an individual is responsible for the offense.

Businesses will still be in a position to contact their customers with whom they had a pre-existing contractual relationship. In this case, the opt-out rule remains.

Using an automated calling machine or sending faxes or text messages is subject to opt-in.

Pascale Gelly, CIPP/E, of the French law firm Cabinet Gelly, can be reached at pg@pascalegelly.com.

Written By

Pascale Gelly, CIPM, CIPP/E

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