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EXPLAINED: What are France’s new rules on cold-callers?

Cold-callers in France have been subject to new restrictions since the beginning of March, thanks to a new law taking effect.

EXPLAINED: What are France's new rules on cold-callers?
People work on September 10, 2009 in Paris at the call center of the Iliad group (Photo by Lionel BONAVENTURE / AFP)

Cold-calling, or telephone canvassing, has been banned on evening, weekends, public holidays and at lunch-time as of March 1st.

The new regulation concerns commercial phone calls (eg from call centres), and it means that telephone canvassing will only be allowed between the hours of 10am to 1pm and 2pm to 8pm, from Monday to Friday, according to the French ministry of economy.

This framework applies both to people who registered on block lists to avoid telephone canvassing and those who have not done so. However, if the consumer “gave his/her express consent to be called” then they can still be contacted during these times. The professional representing the call centre will have to justify this, however. 

READ MORE: France orders cold-callers to use 09 prefix phone numbers

Additionally, the new legal framework makes it so that a person cannot be solicited “by telephone for commercial prospecting more than four times a month by the same business (or person acting on the business’ behalf).”

Also, if a customer says they do not wish to be contacted or solicited, then the call centre must refrain from contacting (or attempting to reach them) for at least 60 days after the refusal.

Violating these rules could mean hefty fines – for individuals, this could be up to €75,000, and for companies this could be up to €375,000.

In 2022, France brought in a new rule requiring all call centres to use phone numbers with a 09 prefix, in order to allow customers to recognise the call. 

What can else can I do stop other fraudulent calls and texts?

When it comes to text messages, you can reply to the number – as long as it is a five-digit one beginning with 3, 4, 5, 6, 7, or 8, with a simple message: STOP. 

Reputable businesses will respect your instruction to be removed from their database of numbers.

Similarly, if you send the word CONTACT to the sender, they should text you their customer service phone number. Both the STOP and CONTACT message will cost you the price of a standard text.

You may prefer not to engage with the original text message. In which case, you can forward it to the official Spam SMS service on 33700, and they will follow up on your behalf.

READ MORE: What you can do in France to stop fraudulent and spam phone calls and texts

For phone calls, you can try signing up for the government programme, Bloctel, which removes your phone number from commercially-available telephone lists for a period of three years. In theory, this means that you should be protected against telephone solicitation with the aim of selling you products or services. 

You can register either a landline number or a mobile number. In theory, companies should consult Bloctel lists before starting call campaigns, and scrub numbers that are on it.

Sadly, Bloctel is not as effective as it could be, in part because it requires active participation from users, who are asked to flag-up the numbers of unsolicited callers – and that process is longer and more complicated than it needs to be.

Still, consumer watchdog UFC-Que Choisir recommends signing up, because it is better than not being on the list.

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LIVING IN FRANCE

Reader question: What are the rules for selling food you’ve grown or made in France?

If you’ve had a glut of courgettes or tomatoes from your plot, or you want to introduce your neighbours to the joys of a British-style Victoria sponge you might consider selling some food or produce. But you may need a permit first.

Reader question: What are the rules for selling food you’ve grown or made in France?

Garden produce

Under current regulations, the sale of courgettes, lettuces, tomatoes and other produce from home gardens remains tax-free as long as the surface area of your garden does not exceed 500 square metres, is attached to the home, and the sale of goods is not the main professional activity of the person growing and selling it.

That means, if you’ve had a bumper crop, you are free to sell your excess produce, and you’ll often see little stalls of people selling fruit, veg or honey from their gardens, sometimes with a “honesty box” to leave your money in.

According to the French government, the sale of fruit and vegetables from one’s garden falls into the category of “incidental income”. 

If, however, your garden or allotment is separate from your home, income from the sale of crops is taxed as farm income, and you must register as a business – which you must also do if you intend to make growing and selling produce your main source of income.

A smallholders/small farmers regime – micro-bénéfice agricole – is applied if the average income, calculated over three consecutive years, does not exceed €85,800 before tax.

Homemade food

One-off charity bake sales are one thing, but if you want to make and sell cakes or other homemade food for profit, there are specific rules to follow – with fairly hefty punishments, up to and including imprisonment, for failing to respect them. 

One of the first things to do is to declare your activity on the Guichet Unique (One Stop Shop) website and obtain approval if you use any products of animal origin. 

Be aware that you will not get a pitch at a market if your business is not properly registered, complete with a SIRET number and a market trader’s card – known as a carte permettant l’exercice d’activités non sédentaires

The good news is that the card is free from your local chambre de commerce. It just takes a bit of paperwork, and a passport photograph… Then you can make a formal application to the market where you want to trade.

As well as the market trader’s card, you will need:

  • a temporary occupation authorization (AOT);
  • a licence for the sale of takeaway drinks or alcohol, if appropriate;
  • approval from veterinary services, if you’re selling cooked meat-based foods. Professionals must also submit a declaration of handling of foodstuffs of animal origin to the direction départementale chargée de la protection des populations (DDPP) .

If you want to set up a stall or van away from an established market, you will need to visit the local mairie to ask about a pitch, which you may have to pay for.

You must also respect current standards regarding food safety and kitchen hygiene. For example, you have to complete a food safety training course, while your kitchen will be subject to health authority inspections to ensure it meets current hygiene standards, and that you follow safe food handling methods.

All food that you sell must be correctly labelled, with information about ingredients, allergens, and the date of preparation.

If, however, you are already registered as a farmer or local food producer, you can sell foodstuffs related to your farming business under more relaxed rules.

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