France Tightens Regulations on Telemarketing: Moroccan Call Centers Confront New Challenges

Marketing firms and call centers targeting French consumers are preparing to enter a new phase starting August 11, as stricter rules governing telemarketing come into effect. The major change revolves around shifting from a system based on the consumer’s right to object to one that requires explicit prior consent before any commercial contact.

This reform affects not only businesses operating in France but also applies to prospecting activities carried out from abroad, particularly those outsourced to Moroccan call centers. French companies utilizing these providers will remain responsible for compliance with the regulations, regardless of the country from which the calls are made.

The significant change pertains to the very principle of solicitation. Consumers will no longer need to take action to refuse marketing calls; instead, it will be the responsibility of the company to demonstrate that it has obtained prior consent before reaching out to a potential customer.

This consent must be free, specific, informed, and revocable. General permissions, pre-checked boxes, or any form of implied consent will not be deemed sufficient.

Companies will also need to document and retain proof of these consents. The authorization must clearly identify the company potentially contacting the consumer, the purpose of the solicitation, and the duration of the consent, which cannot exceed twelve months.

Moreover, information regarding consent must be kept for at least three years. This includes the date and time of consent acquisition, as well as the information provided to the consumer at the moment they agreed.

These new requirements will likely drive companies to strengthen their data management and traceability systems, particularly when sharing their customer databases with specialized telemarketing providers.

For Moroccan call centers collaborating with French companies, the stakes are particularly high. Engaging a provider located in Morocco does not transfer legal responsibility. The French company initiating the campaign must ensure that the numbers used belong to consumers who have given prior consent.

Contact lists whose origins or consents cannot be clearly established could thus become unusable. Companies will need to verify the provenance of the data, the conditions under which it was collected, and the validity of the authorizations prior to launching any campaign.

This evolution may prompt Moroccan call centers to revise their procedures, enhancing database verification, consent traceability, and control mechanisms before any prospecting operation aimed at the French market.

French authorities are also maintaining substantial financial penalties for non-compliance with the regulations. According to the General Directorate for Competition, Consumer Affairs, and Fraud Control (DGCCRF), fines can reach up to €75,000 for individuals and €375,000 for companies for illegal calls.

Beyond financial repercussions, sanctioned firms may also face public disclosure of the decisions made against them, posing an additional risk to their image and reputation.

The reform is occurring against the backdrop of the phasing out of the Bloctel system, which previously allowed consumers to register their numbers on a list to limit unsolicited commercial calls. The new system reverses this logic: companies must now obtain consumer consent before contacting them.

However, not all commercial calls will be banned. Certain exceptions remain, including communications related to the execution of ongoing contracts and some operations regarding the sale of newspapers, periodicals, and magazines. Specific sectors, particularly energy renovation, home improvement, and personal training accounts, are still subject to particular and stricter rules.

This new regulation could have significant repercussions for the Moroccan call center sector, especially for operators whose activities heavily depend on telemarketing to French clients.

The model of calling a consumer without prior consent and then attempting to obtain their approval during the conversation will no longer align with the new rules in the relevant situations. The process must now follow a different logic: obtain consent, verify it, document it, and only then proceed with commercial contact.

French companies and their Moroccan providers will thus need to adapt their databases and working methods to ensure consent traceability and provide evidence of compliance. This change is expected to accelerate the professionalization of telemarketing and strengthen compliance requirements in commercial exchanges with French consumers.