You are an independent property agent, estate agent, negotiator, or property manager. On 11 August 2026, French Act n°2025-594 of 30 June 2025 comes into force and fundamentally reshapes the rules governing unsolicited commercial contact in France. You have 200 landlords on your files, identified buyer prospects, potential partners lined up — and you are wondering which calls and emails you will still be allowed to make in the weeks following the law's entry into force.
This article breaks down what the law changes in practice for real estate professionals: what remains permitted, what becomes subject to penalties, and the operational checklist for staying compliant from 12 August 2026 onwards.
The legal framework in brief
Act n°2025-594 of 30 June 2025, in its Article 13, amends the rules governing unsolicited commercial calling in France. According to service-public.gouv.fr, from 11 August 2026, any unsolicited telephone canvassing of a consumer is prohibited, subject to limited exceptions. The legal principle shifts from an opt-out model (Bloctel) to a system of explicit prior consent.
The framework sits within the French Consumer Code, Articles L223-1 to L223-7. According to Légifrance, the administrative fine for non-compliance can reach €75,000 for a natural person and €375,000 for a legal entity. The applicable penalty amounts are set out in Article L242-16 of the Consumer Code. In the most serious cases targeting vulnerable individuals, penalties can reach €750,000 and 5 years' imprisonment. One further point: any commercial contract concluded as a result of non-compliant canvassing can be declared void — meaning a mandate obtained through an unlawful call becomes a straight loss.
Important: the law targets commercial canvassing directed at consumers (B2C), not standard B2B exchanges between professionals. But the B2C/B2B boundary is thinner than it appears in real estate — an agent who calls a private landlord to offer their services is operating in B2C, even if they themselves are a professional. The burden of proof is reversed: it is no longer for the individual to flag their refusal, but for you to demonstrate that they consented.
What becomes prohibited from 12 August 2026
Four situations move from "regulated" to "prohibited" when the law takes effect.
First: calling a private landlord at cold, even if their number is publicly available (directory, Pages Jaunes, listing on Leboncoin, land register record), without having obtained their explicit prior consent. Even if the person is not registered with Bloctel, the unsolicited call now falls within the scope of the law. The mere fact that a number is publicly accessible no longer constitutes consent.
Second: sending an unsolicited commercial SMS to a private individual (free valuation offer, valuation proposal, seller prospecting). The SMS regime follows the telephone regime for B2C canvassing.
Third: using a purchased prospect list without proof of consent. Email and phone number databases sold by third parties become legally risky if you cannot demonstrate a traceable consent trail for each contact.
Fourth: canvassing a vulnerable landlord (elderly person, person in financial hardship) carries aggravated penalties (up to €750,000 and 5 years' imprisonment in the most serious cases).
What remains permitted after 11 August 2026
The law provides important exceptions. Three situations remain lawful for a real estate professional.
Explicit prior consent. If a person has ticked a box on a form (online valuation, callback request, professional newsletter sign-up with a clear opt-in), you may contact them on the terms defined by their consent. The law requires traceable proof: the form source, date, IP address, and exact wording of the checkbox ticked. Agencies must retain this evidence for at least 5 years.
An existing contractual relationship. If you hold an active mandate with a landlord, you may contact them in connection with the performance of that contract (visit follow-up, buyer feedback, price negotiation). This exception also covers ancillary services linked to the existing mandate. It does not cover prospecting for new clients.
Regulated B2B canvassing. Contacting a corporate landlord (a legal entity) to offer your services remains permitted on the legal basis of legitimate interest (Article 6.1.f of the GDPR), provided that the right to object is respected. The same applies to contacting a fellow professional for a partnership. The CNIL (France's data protection authority) sets out the rules applicable to B2B canvassing based on public data.
3 cold-prospecting methods that remain viable
The law does not kill cold outreach — it moves the line, it does not erase it. Three methods remain solid after 12 August 2026, each grounded in a precise legal basis and its corresponding safeguards.
Method 1 — B2B email under legitimate interest
This is the channel that changes the least. Contacting a professional by email — a corporate landlord (SCI), a property management company (syndic), a wealth manager, a fellow professional — on a topic related to their business does not require prior consent. The legal basis is legitimate interest (Article 6.1.f of the GDPR), confirmed by the CNIL in its guidance on commercial prospecting by email. "No consent required" does not mean "anything goes." Four cumulative, non-negotiable safeguards:
- Professional relevance. The message relates to the recipient's business activity. Writing to a property manager about building management: yes. Pitching them a life insurance product: no.
- Simple, free opt-out. Every email offers a clear, immediate unsubscribe option. One click, and the person is removed from all your sequences. Here, the right to object replaces prior consent — but only if it is genuinely respected.
- Sender identification. Your identity, your capacity (agent, agency) and the purpose of the message are transparent from the very first email. The French Digital Economy Act (LCEN, Article 6) prohibits concealing the identity of the party on whose behalf a message is sent.
- Source disclosure. When you write using contact details gathered from public sources, the CNIL classifies this as indirect collection (GDPR Article 14): you must inform the person of the origin of their data, at the latest in your first message.
In practice, your cold outreach email to a corporate landlord (SCI) or property manager therefore includes: who you are, why you are writing (a professional topic), how you obtained their address, and an unsubscribe link. Four lines in the footer are enough.
Method 2 — Professional telephone contact
The phone is the most tightly regulated channel, and the one where non-compliance costs the most. For a consumer, cold calling becomes impossible without explicit prior consent. One lawful cold phone route remains: the professional call. Reaching a corporate landlord (SCI), a property manager, a fellow agency, or a wealth manager on a matter relating to their business falls within the B2B framework and is not covered by the prohibition targeting consumers. The safeguard comes down to three reflexes: you are calling a professional on a professional topic; you clearly identify yourself and state the purpose of the call in the first few seconds; you immediately respect any request not to be called back.
A specific watchpoint for real estate: the manager of a family-owned SCI or a landlord renting in their own name may shift to the B2C side. When in doubt about the nature of the party you are contacting, treat them as a consumer. That is the cautious reflex — and the one that protects you.
Method 3 — Public channels and inbound contact
The third method is to make yourself reachable rather than reaching out. Three levers:
- Professional and public social channels. A targeted, relevant message sent to a professional via a channel they have made public themselves remains a B2B contact governed by legitimate interest, subject to the same safeguards as email. The nuance matters: a bulk, unidentified send is still canvassing and must comply with the relevant rules.
- Inbound contact. The law shifts the centre of gravity from "push" to "pull." A valuation form, a callback request, a newsletter sign-up with a clear, unticked opt-in box and an explicit purpose — these turn a stranger into a contact you can safely reach out to, because they asked to be contacted.
- Door-to-door canvassing and in-person outreach, which fall under a distinct legal regime (French Consumer Code, Articles L221-1 et seq.) with their own constraints: regulated days and hours, provision of the canvasser's details, right of withdrawal.
Channel summary table
| Channel | Legal basis | Primary safeguard | Risk if not respected |
|---|---|---|---|
| B2B email (corporate landlord, property manager, fellow professional) | Legitimate interest (GDPR Art. 6.1.f) | Professional topic + opt-out + identity + data source | CNIL fine, loss of legal basis |
| B2B phone (professional on a professional topic) | Outside the scope of B2C consent rules | Immediate identification + respect of refusal | Reclassification as B2C if recipient is a private individual |
| B2C phone (private individual) | Explicit prior consent (from 11/08/2026) | Traceable proof of consent | Up to €75,000 (natural person) / €375,000 (legal entity) |
| Professional public channels / social networks | Legitimate interest, targeted | Relevance + no unidentified bulk send | Reclassification as non-compliant canvassing |
| Inbound contact (opt-in form) | Individual's consent | Unticked checkbox + proof retained | Consent invalid if proof is missing |
The applicable obligations are set out in the French Consumer Code, Articles L223-1 to L223-7 (version applicable from 11 August 2026).
The case of private landlords: where the line sits
Canvassing private landlords (PLs) — to propose a sale, rental management, or a property transaction — is where the B2C/B2B distinction becomes most complex. The decisive question: does your contact hold their property as a professional or as a personal asset?
The professional PL — a professionally managed SCI (French real estate holding company), a property dealer (marchand de biens), a private real estate fund, a property holding company — is a B2B recipient. The CNIL's guidance permits the opt-out regime towards them by email, subject to conditions: a professional email linked to the entity's activity (the SCI's contact details published in the Sirene business register or on its website), a purpose consistent with its activity, a clear mention of the right to object, information on the data source, and a legitimate source. Reference: Article L223-1 of the Consumer Code, version applicable from 11/08/2026.
The non-professional private landlord — the retiree renting out their former flat, the professional holding a studio as a personal investment — is treated as a consumer (B2C). The opt-in regime applies: cold calls and cold SMS are prohibited, cold emails are prohibited without prior consent. Even a legally accessible land register entry changes nothing about this prohibition.
Several channels remain open for targeting landlords without cold calling:
- Physical direct mail remains permitted without prior consent, as long as it includes the required legal notices (sender identity, purpose, right to object). High operational cost, but a less saturated channel today.
- Informational digital content: publishing useful articles on your website, blog, or professional page (rental income taxation, management tips, asset arbitrage). Landlords who contact you on their own initiative are opt-in leads.
- Referrals from existing clients: a landlord referred by a satisfied client has accepted the introduction in advance — that is not a cold contact.
- Voluntary sign-ups (newsletter, local market study, free property valuation) that constitute a specific opt-in consent and form your compliant prospecting base.
To build a compliant list of professional landlords, the Sirene API allows you to filter by NAF code: 6820A "Rental of residential properties," 6820B "Rental of land and other real estate," 6810Z "Buying and selling of own real estate." Filter by size (headcount > 1) and by geographic area to target professionally managed structures.
Email canvassing: the B2B opt-out regime in detail
Act n°2025-594 primarily targets unsolicited telephone canvassing. According to the text available on Légifrance, it does not directly amend the regime applicable to email, which continues to be governed by the GDPR and CNIL guidance. Email canvassing therefore remains permitted after 11 August 2026, but under conditions that differ depending on the recipient.
Towards a professional recipient, three cumulative conditions:
- The recipient is a professional in the strict sense: a property-holding SCI, a holding company, a real estate fund, a professional property manager (syndic), a partner agency, a property dealer, a developer. Their published professional email (website, legal notices, professional directory) can be targeted.
- The subject of the canvassing is related to their activity. Proposing a disposal to a property investor: yes. Pitching an off-topic service: no.
- A clear opt-out is offered in the first message: an unsubscribe link, the identity of the data controller, and a mention of rights.
Towards a private individual, explicit prior consent (opt-in) is in principle required. Three exceptions: a pre-existing contractual relationship (re-canvassing on a similar offer, with opt-out provided at the time of the initial transaction); a professional email publicly exposed by the individual in their business capacity (in which case they shift into the functional B2B sphere); contact initiated by the recipient themselves (a public valuation request, within the scope of that request).
On the content side, three non-negotiable elements: the identity of the data controller (name, registered office, SIRET number), a subject line related to the recipient's activity, and an opt-out in the email footer (a one-click unsubscribe link or a "STOP" reply option). A short (80–150 words), personalised and factual message — without overstatement — passes the compliance filter. When a recipient requests deletion of their data, delete it genuinely within a reasonable timeframe (typically 30 days), confirm by return, and retain a timestamped record.
As for scraping agency websites to collect public emails, this falls within the scope of the CNIL's position on web harvesting: data must be genuinely public (contact page, legal notices), legitimate interest must be demonstrable, and opt-outs must be respected. Usable sources include the INSEE Sirene database (NAF code filtering, free and exhaustive), professional federation directories, and professional entity websites.
Bloctel: how it works, obligations, and the transition
Bloctel is France's official opt-out register for telephone canvassing. Any consumer may register for free, and any professional conducting B2C telephone canvassing must check their files against Bloctel before use. According to economie.gouv.fr, Article L223-2 of the Consumer Code also requires professionals to inform consumers (with whom they have no existing contractual relationship) of the possibility of registering on Bloctel free of charge.
The French Consumer Code distinguishes two verification regimes. For habitual canvassing (regular prospecting carried out by your organisation), verification must take place at least monthly. For one-off canvassing (targeted, non-recurring campaigns), verification must take place before each campaign. The DGCCRF (the French consumer protection authority) reinforces this obligation. For most agencies (phone valuations, seller follow-ups, buyer prospecting), the monthly regime applies in practice.
The procedure has four steps: subscribe to the professional plan on pro.bloctel.gouv.fr; format your file (CSV with a number column); upload it — the platform returns each number flagged "Bloctel" (to be excluded) or "non-Bloctel"; purge all numbers flagged "Bloctel" from your campaign and retain proof of the check (date, file, results).
What happens to Bloctel after 11 August 2026? The opt-out system is progressively replaced by the explicit prior consent regime. Before the switchover, your B2C file must be checked against Bloctel, and a number not on the list remains callable in B2C (under the existing constraints). After the switchover, you may only call a consumer if you hold their explicit prior consent: Bloctel becomes a second-level check, since the absence of consent is already sufficient to prohibit the call. For B2B (corporate landlords, property managers, fellow agencies), Bloctel does not apply — legitimate interest continues to apply, but you must maintain an internal opt-out list that is consulted before each send. Commercial SMS follows the telephone regime: opt-out via Bloctel before the switchover, explicit consent after.
The practical checklist for a compliant agent from 12 August 2026
Six steps to structure your prospecting activity in line with the law.
Step one: audit your current file. List the contacts for whom you have traceable proof of consent (opt-in form, online valuation, inbound contact), those where consent is ambiguous, and those where you have no record at all. This initial separation determines what you can still call.
Step two: update your forms. All your lead capture forms (website, landing pages, partner forms) must include a clear, unticked opt-in checkbox, with explicit wording ("I agree to be contacted by phone or email by [Agency Name] for [purpose]"). Consent must be freely given, specific, informed, unambiguous, and revocable.
Step three: retain the evidence. For each consent, archive the form source, the date, the IP address, and the exact wording of the checkbox ticked. Based on consolidated legal guidance on the matter, the minimum retention period is 5 years, to be extended according to the duration of the commercial relationship. Best practice for an individual's opt-in: actively re-confirm it after 36 months, as the original consent will by then be considered stale.
Step four: segment your prospecting. Clearly distinguish your B2B targets (corporate landlords, fellow agencies, professional partners) from your B2C targets (private landlords). The former remain reachable on the basis of legitimate interest. The latter require prior consent. Note: consent is not transferable — a landlord who consented to be contacted by company A has not consented to be contacted by you.
Step five: review your acquisition channels. Channels such as door-to-door canvassing (governed by different rules), in-person agency prospecting, local press campaigns, and partnerships with notaires and property managers remain open. Digital prospecting (targeted paid ads driving to an opt-in form, organic social media) becomes a central driver of mandate generation.
Step six: train the team. Every negotiator and agent in your network must understand the new rules. A single non-compliant call exposes your entire organisation to a penalty. Estate agencies are among the most exposed sectors and must proactively prepare for the regulatory shift.
What this changes concretely for your workflow
If you were cold-calling 50 landlords a week to offer your services, that activity becomes unlawful on 11/08/2026 — with no grace period. The time freed up must be redirected towards compliant channels: targeted B2B email (to professional landlords), physical direct mail (for premium prospects), content production (long-term SEO), and referral network activation.
The time-to-result ratio of compliant channels is mechanically lower than pre-2026 cold calling: 50 cold calls might yield 5 to 8 appointments, whereas 50 B2B emails tend to generate 3 to 5 replies, of which 1 to 2 convert to meetings. The compensation is qualitative: the contact who responds to an email or signs up to a newsletter is more engaged than someone who "endured" a cold call.
The new compliant prospecting channels
The law does not kill prospecting — it shifts the framework. Five channels become priorities for 2026.
Online valuation forms with a clear opt-in: the person explicitly requests to be contacted, consent is traceable, the call becomes legitimate. This channel remains the smoothest route to mandate generation.
Targeted advertising campaigns (Google Ads, Meta Ads, Waze) directing to a landing page with an opt-in form. Prospecting moves from push (you cold call) to pull (the person reaches out).
Referral partnerships (notaires, mortgage brokers, wealth managers) who pass qualified contacts with the individual's consent to the transfer.
B2B outbound prospecting tools targeting corporate landlords (SCI), property managers (syndics), and fellow agencies. Building files of potential partners and professional landlord entities remains lawful within the regulated B2B framework.
Door-to-door canvassing, which follows a distinct legal regime (French Consumer Code L221-1 et seq.), remains possible with its own constraints (permitted days/hours, provision of the canvasser's details, right of withdrawal).
The practical tool for compliant prospecting
For regulated B2B prospecting (corporate landlords, property managers, professional partners) that remains lawful after 11 August 2026, several tools allow you to build clean lists with managed opt-out. The standard pipeline: extract public contacts (Sirene, Pages Jaunes, Google Maps), verify emails, cross-reference against opt-out lists, send under GDPR legitimate interest with clear sender identification and an opt-out link.
outsend (free alpha) covers this full pipeline: Google Maps extraction + Sirene, email verification, dead address detection, staggered sending in line with anti-spam best practices. For an agent looking to build a sustainable, compliant B2B prospecting operation, it is exactly the kind of all-in-one, European B2B-focused tool that avoids stacking multiple separate subscriptions.
The differentiating argument: all-in-one, built for European B2B sources (French data optimised), available via free alpha application, no commitment.
Need a complete overview? See the guide to compliant real estate prospecting.
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Apply for free alpha accessFAQ — French anti-canvassing law for real estate 2026
Does the 11 August 2026 law ban ALL real estate canvassing?
No. It prohibits unsolicited telephone canvassing of consumers (B2C) without explicit prior consent. It does not affect B2B canvassing (corporate landlords, fellow agencies, professional partners), which remains possible on the basis of legitimate interest under the GDPR. The main exceptions: explicit prior consent, an existing contractual relationship, and regulated B2B canvassing.
Can you still do cold outreach in real estate after the law?
Yes, but not through every channel. Cold telephone canvassing of a private individual becomes prohibited without explicit prior consent. However, B2B email under legitimate interest, calling a professional on a professional topic, and inbound contact via an opt-in form all remain viable — provided their respective safeguards are met.
What penalties does a non-compliant agent face?
Under the French Consumer Code (Articles L223-1 et seq., and Article L242-16 for the amounts), the administrative fine can reach €75,000 for a natural person and €375,000 for a legal entity. In the most serious cases (vulnerable target, flagrant abuse), penalties can reach €750,000 and 5 years' imprisonment. The DGCCRF is the supervisory authority. On top of that, any contract concluded following non-compliant canvassing may be declared void.
How do you obtain valid explicit prior consent?
Consent must be freely given, specific, informed, unambiguous, and revocable. In practice: an unticked checkbox, clear wording ("I agree to be contacted by [agency] by phone and email for [purpose]"), not bundled into general terms and conditions. You must retain proof: form source, date, IP address, exact wording of the checkbox ticked, retained for at least 5 years.
Is cold emailing a corporate landlord (SCI) or property manager still permitted?
Yes. Contacting a legal entity (SCI, syndic, agency) by email on the subject of their business activity falls under legitimate interest (GDPR Art. 6.1.f) and does not require prior consent. You must, however, clearly identify yourself, keep the message relevant to the recipient's professional activity, offer a simple opt-out in every message, and inform the person of the data source in your first contact, in line with CNIL guidance.
How do you tell a B2B contact from a B2C contact in real estate?
A contact is B2B when you are addressing a legal entity (SCI, agency, property manager) or a professional on a topic related to their business. It shifts to B2C the moment you are targeting a private individual — including a landlord renting in their own name, or the manager of a family-owned SCI contacted in a personal capacity. When in doubt, treat the party as a consumer: that is the reflex that protects you.
Is a call made following a contact form submitted on your website considered canvassing?
No. The completed form constitutes contextual consent: the landlord contacted you on their own initiative, and your follow-up call is not canvassing. Retain proof of the form (timestamped server log, copy of the ticked opt-in) for traceability purposes.
What happens to Bloctel after 11 August 2026?
Bloctel is progressively replaced by the explicit prior consent regime. For as long as it formally exists, the obligation to check your file (monthly for habitual canvassing, before each campaign otherwise) remains applicable. In practice: for B2C, the explicit consent test becomes primary and Bloctel secondary; for B2B, Bloctel does not apply (you remain under legitimate interest, with an internal opt-out list).
Does Bloctel apply to email and SMS?
Bloctel covers telephone only. For email, the equivalent mechanism is the individual opt-out per message (an unsubscribe link or a STOP reply): any recipient who objects is removed from the list. Commercial SMS, however, follows the telephone regime: opt-out via Bloctel before 11/08/2026, explicit consent required for consumers after that date.
Is prospecting corporate landlords (SCI) still permitted after 11 August 2026?
Yes, prospecting corporate landlords (SCI — legal entities) remains permitted on the basis of legitimate interest (GDPR Article 6.1.f), provided the right to object is respected. The SCI must be able to ask you to remove them from your files, and you must clearly identify yourself as the sender. The CNIL sets out the rules applicable to B2B canvassing based on public data.
Is scraping agency websites to collect public emails legal?
Yes, subject to the conditions in the CNIL's position on web harvesting: data must be genuinely public (emails on a contact page or legal notices), legitimate interest must be demonstrable (B2B prospecting related to your activity), and opt-outs must be honoured. Scraping personal data hidden behind a user account is not covered.
Which prospecting channels should an agent prioritise in 2026?
Five compliant priority channels: online valuation forms with a clear opt-in, targeted advertising campaigns (Google Ads, Meta Ads) directing to opt-in forms, referral partnerships (notaires, mortgage brokers, wealth managers), B2B outbound prospecting targeting corporate landlords/property managers/fellow agencies, and door-to-door canvassing (a distinct legal regime with its own constraints). Cold B2C telephone prospecting becomes legally non-viable.
This article provides general information and does not constitute personalised legal advice. It describes the state of French law as resulting from Act n°2025-594 of 30 June 2025 (the new unsolicited telephone canvassing regime enters into force on 11 August 2026), the French Consumer Code (Articles L223-1 to L223-7), the GDPR (legitimate interest, right to object, opt-out), and CNIL guidance on the B2B/B2C distinction. For specific cases, consult a lawyer specialising in real estate law or data protection.