AI agent direct marketing: consent, objection and proof
An AI agent benefits from no exemption when it carries out direct marketing. The channel, the status of the person contacted and the source of their contact details determine the rule. Since 11 August 2026, telephone canvassing of consumers rests in principle on strict prior consent, and no longer on a check against Bloctel alone, the French opt-out register for telephone canvassing.
Law verified as at 16 August 2026. This page is not individualised legal advice.
Since 11 August 2026, B2C telephone direct marketing requires in principle the consumer’s prior consent, save for a call linked to the performance of an existing contract and bearing a relationship to its subject matter. The trader must be able to prove the consent, honour its withdrawal and respect the exclusion lists. Emails and SMS messages remain governed by article L34-5 of the CPCE, the French Post and Electronic Communications Code, with distinct regimes according to the recipient. Source: article L223-1 ↗(opens in a new tab) of the French Consumer Code (code de la consommation).
Quotable legal markers
What you need to be able to cite
B2C telephone
Prior consent in principle since 11 August 2026; the exception is limited to an existing contract.
Editorial author and publisher: Blue Lemon Agent, a brand of LINDBERGH FORMATION. Method: texts and decisions verified on EUR-Lex, Légifrance, the CNIL, the courts and the competent authorities. Legal review: Mohamadou Hamady DIA, juriste, on 18/08/2026. Updated on 10/09/2026.
The detail, rule by rule
The channel-by-channel matrix
Channel and target
General rule
Exception or clarification
Telephone call to a consumer
Prior consent since 11 August 2026
Existing contract: call relating to the subject matter of that contract, including to offer products or services ancillary or complementary to it, or capable of improving its performance or quality (Article L. 223-1 of the French Consumer Code ↗(opens in a new tab); the English wording is an explanatory translation, not the authoritative text).
Automated calling system to a private individual
Prior consent under L34-5
The advertiser’s identity and a simple way to object in every message
B2C email, SMS or MMS
Prior consent
Existing customer and similar products/services from the same company, with a simple way to object
B2B email to a named person
Legitimate interests possible
Subject matter related to the profession; information and a simple, free way to object
Generic address of a legal person
Outside the data of a natural person
The advertiser’s identity and the unsubscribe mechanism remain required in principle by L34-5
Postal mail
Legitimate interests often conceivable
GDPR information and right to object; other applicable commercial rules
This matrix must be read together with the GDPR. Satisfying a channel rule does not erase the obligation to have a legal basis for processing the marketing list.
information on the trader’s identity, the goods or services and the duration of the consent;
a maximum duration of one year;
no tacit renewal;
a ban on pre-ticked boxes and on inferring consent from continued browsing;
retention of the proof for three years;
a withdrawal as simple as the granting, including orally;
a secure interface that cannot require the creation of a new account;
where a consumer asks to be called back, a reply within five working days, limited to the subject requested, with proof retained for three years.
The existing-contract exception
The trader may contact the other party to the contract where the approach concerns the subject matter of the existing contract, related or complementary goods or services, or goods or services likely to improve its performance or quality. This exception does not authorise general direct marketing about unrelated offers.
Sectors subject to a reinforced prohibition
Telephone direct marketing in the fields of energy renovation and of adapting housing to ageing or disability is prohibited, save within the narrow existing-contract framework provided for by the text.
How the call must be conducted
At the start of the conversation, the trader must state its identity, the identity of the party on whose behalf it is calling and the commercial nature of the call. If the consumer objects, the call stops immediately and no further contact must follow.
An AI agent must therefore be able to:
retrieve the proof before dialling the number;
announce the AI, the trader and the purpose;
recognise ordinary wordings of objection;
stop the script without trying to “save” the sale;
propagate the objection to the CRM, the dialler and partner companies;
provide an offer on a durable medium and not conclude orally where consumer law requires a later signed acceptance.
The existing-customer exception requires a real sale or service, similar products or services supplied by the same person, and a simple way to object at the point of collection and then in every message. Creating an account is not enough.
For business contacts, the CNIL, the French data protection authority, accepts legitimate interests where the message relates to the person’s profession or speciality. The person must be informed and able to object simply and free of charge at the point of collection and in every message.
Leads, directories and public data
Data that is publicly visible is not free of all rules. A company that buys or enriches leads must check:
the precise source and the date of collection;
the visibility chosen by the person;
the wording and the interface of the consent, where consent is required;
the identity or the intelligible list of the partner companies announced;
A clause by which the supplier “guarantees compliance” is useful but insufficient. The company running the campaign is responsible for its own campaign.
Penalties and official decisions
Failure to comply with the telephone consent rules may be penalised under the French Consumer Code (code de la consommation); breaches of the telephone canvassing rules may reach 75,000 euros fora natural person and 375,000 euros for a legal person under the applicable penalty provisions. A campaign may also accumulate GDPR breaches and L34-5 breaches.
CNIL, 15 May 2025, SOLOCAL MARKETING SERVICES, SAN-2025-001
The CNIL penalises in particular electronic direct marketing that relied on partner forms which did not allow valid consent to be collected. Lesson: check the upstream forms and keep the proof; do not rely on a contractual warranty.
The CNIL finds in particular the absence of valid consent, a withdrawal harder than the granting, and the absence of a basis for a transfer for direct marketing purposes. Lesson: lawfulness must follow the whole chain and the global withdrawal must be effective.
DGCCRF publications from 2026: historical scope
The publications of the DGCCRF, France’s consumer protection and fraud authority, concerning PRO CONDUITE, on 6 March 2026, and CLAIRINE, document penalties under the former regime, which rested in particular on Bloctel, the French opt-out register for telephone canvassing, on calling hours and on call frequency. They prove that enforcement is real, but they must not be presented as the interpretation of the new opt-in regime that entered into force on 11 August 2026.
Integration checklist
To check before putting the agent into service
The campaign is qualified by channel and target before launch.
The proof of consent can be consulted for every B2C number.
Telephone consent expires after one year at the latest and is not tacitly renewed.
The “existing contract” exception is documented offer by offer.
Every message identifies the advertiser and provides a simple way to object.
Objections are synchronised across all agents and tools.
The telephone script stops immediately if the person objects.
Frequently asked
What we get asked most
Is Bloctel still enough since 11 August 2026?
No. The principle is now the consumer’s prior consent, or a statutory exception linked to an existing contract. Complying with an opt-out register does not create consent.
How long does consent to telephone canvassing last?
The decree sets a maximum duration of one year and prohibits tacit renewal.
Is a pre-ticked box valid?
No. Consent requires a clear affirmative act and cannot be inferred from browsing.
May a business address found online be written to?
Sometimes, if the approach relates to the profession, if reasonable expectations are respected and if the information and a simple way to object are provided. A contact detail that was hidden, or taken out of its context, calls for a different conclusion.
May the lead supplier be the only one holding the proof?
The company running the campaign must be able to demonstrate that its campaign is valid. It must therefore obtain usable proof and audit the collection journey.
May the AI agent follow up after “I am not interested”?
An objection to the call must lead to an immediate stop and to the absence of any new contact. The system must recognise ordinary wordings, not only a legal keyword.
