European law is uniform on two points and silent on the third, which is the one that matters commercially. Article 13(1) of Directive 2002/58/EC requires prior consent for automated calling systems, fax and email. Article 13(2) creates the existing-customer exception. And article 13(3) leaves everything else — including calls made by a human operator — to be settled by each Member State, choosing between consent and objection.
The result is not a spectrum of small differences. It is two incompatible models operating side by side within a single market.
Where each model applies
| Member State | Model for the human-operated call | Since |
|---|---|---|
| Portugal | Consent for natural persons; objection for legal persons | Law 41/2004, as amended in 2012 |
| France | Prior express consent, all sectors | 11 August 2026 |
| Italy | Objection, through a public register covering fixed and mobile numbers | Register extended in 2022 |
| Spain | Right not to receive unwanted commercial calls; consent or another lawful basis | 29 June 2023 |
| Other Member States | [Regimes vary; verification required market by market before any campaign.] | — |
France moved from an objection register to prior express consent, applicable in all sectors since 11 August 2026, under Loi 2025-594 of 30 June 2025 and its implementing decree of 23 July 2026. It is the largest single change in this area in a decade.
For a pan-European operation, the practical consequence is that a campaign design that was lawful in France in July 2026 was unlawful in August. Regimes in this area do not converge slowly; they change on a date.
What this site addresses
Each has a concrete answer on the solutions page.
One lawful basis assumed across markets
The campaign is launched on a consolidated list using the basis available in one jurisdiction, without determining what each market requires — and France, since August 2026, requires prior express consent.
View solutionGroup lists treated as own-customer lists
Data collected by one company in the group is used in campaigns by another, on the basis of group membership — which is neither a lawful basis nor an extension of the existing-customer exception.
View solutionObjection recorded on one channel only
A recipient objects during a call, the refusal is recorded in the telephony platform, and the email tool continues to include them — which breaches article 21(3) regardless of the national model.
View solutionServices
Bounded products, with defined scope, method and deliverables.
Outbound and Direct Marketing Compliance
Lawful basis of each contact, opt-out registers, calling hours and scripts
SpecificationElectronic Marketing Communications Compliance
Lawful bases, proof of consent and the existing-customer exception in email and message campaigns
SpecificationEuropean Comparative Regimes Report
A Member State by Member State comparison of customer service and telemarketing obligations
SpecificationWhere to go next
Framework
The subject matter, the applicable regime and what has changed in recent years.
ReadMarket
Who is covered, by category of undertaking, and with what priority.
ViewTraining
Training paths on the applicable regulatory framework.
View programmesFAQ
The questions that always come up, answered with a source.
ConsultDiscuss your case
A concrete question gets a concrete answer. Enquiries are routed directly and answered within three working days.