The loi n° 2025-594 of 30 June 2025 against fraud in public aid schemes did more than tighten controls: it reversed the principle behind cold outreach.
Before, you could call someone as long as they hadn't objected. Now, you need their prior consent. The rule has applied to energy renovation since July 2025, and extended to every sector on 11 August 2026.
It doesn't only cover the phone
This is the point most often missed. The ban covers unsolicited outreach by phone, but also by email and by SMS. An email campaign to a purchased list, or to contacts who never asked for anything, falls under the same rule as a cold call.
What about a database built before?
The question to ask isn't “how long have I had these contacts?” but “what exactly did they consent to?”
A prospect who filled in a form to be called back about their project consented to that callback. They did not consent to a monthly newsletter, or to offers on other products. Consent is read literally, based on what was written next to the box they ticked.
The right reflex before every campaign: reread the consent wording as it was displayed on the day of collection, and check that it covers what you're about to send.
What this changes in practice
Three things. Your forms must describe the intended use precisely, not just ask for vague agreement. Your emails must carry an identifiable sender and an unsubscribe link that works. And you must respect your retention periods: three years after the last contact for a prospect.
None of this stops you from prospecting. It simply means contacting only people who said yes to what you send them, which, incidentally, improves results.
