Calling Your Own Customers After August 11: What the “Ongoing Contract” Exception Really Allows

Updated on September 3, 2026. Sources: Légifrance, DGCCRF, CNIL.

Let’s start with the good news, which hasn’t been talked about much: as of August 11, 2026, you can still call your own customers. The fourth paragraph of Article L223-1 of the Consumer Code, as amended by the August 11, 2026, law on telemarketing, provides an explicit exception for ongoing contractual relationships. There’s no reason to halt your customer retention or upselling campaigns just to be on the safe side.

The limit comes right after that. The exception applies only to matters related to the subject of the contract—and nothing more. Calling a car insurance customer to offer them additional coverage is acceptable. Calling them to sell a product unrelated to that contract is not. This is where your sales teams’ compliance comes into play.

What the “ongoing contract” exception actually says

The relevant provision:Article L223-1 of the Consumer Code in effect as of August 11, 2026, as set forth in Law No. 2025-594 of June 30, 2025.

The established principle is that it is prohibited to make unsolicited telephone solicitations to consumers who have not given their prior consent. The exception follows: solicitation remains permissible within the framework of an existing contract, provided that it relates to the subject matter of the contract, including when it concerns complementary products or services or those designed to improve the performance of the service.

This last point is the most important for a sales director: the legislature did not limit the exception to after-sales service. It explicitly covers complementary products (cross-selling) and service upgrades (up-selling). Additional sales made by phone to an existing customer therefore remain permitted, within a specific framework.

“Relevant to the subject matter of the contract”: Where is the line drawn?

The subject matter of the contract is what this specific customer purchased from you, and your catalog is not a factor. Three questions resolve most cases:

• Is the contract still in effect? A contract that has been fulfilled, terminated, or has expired no longer gives rise to the exception. A one-time purchase that has been delivered does not constitute an ongoing contractual relationship.
• Does what I’m offering relate to what they’ve already signed up for? An option, a warranty, an add-on, or a higher tier of the same service: the connection is direct. An offer from a different business line: the connection disappears.
• Would the customer make the connection on their own? If the sales pitch has to spend three minutes justifying the connection to their contract, it means there isn’t one.

The reasoning is applied on a client-by-client basis rather than a campaign-by-campaign basis: two clients who have signed two different contracts cannot be targeted with the same offers.

Six real-life scenarios: covered or not covered

Here are some examples of the most common issues reported by sales teams: for a specific case, the analysis depends on the contract that was actually signed and the regulations applicable to your industry.

Situation	Response	Why
Insurance: An insurer calls a customer with auto insurance to offer glass breakage coverage and 0 km roadside assistance as part of the same policy.	Covered	Supplementary coverage directly related to the scope of the current auto insurance policy.
Telecom: An operator calls an ADSL subscriber to offer them a switch to fiber and a Wi-Fi repeater.	Covered	Upgrade to a higher-tier service plan: this falls under the performance improvements targeted by the text.
Energy: An electricity provider calls a customer with an active service contract to sell them a heat pump or attic insulation.	Not covered	Double obstacle: the purpose of the contract is the supply of energy, not construction work; and solicitation related to energy savings or the production of renewable energy is completely prohibited by Article L223-1.
Business Services: A software vendor calls a business customer with an active maintenance contract to offer an additional module.	Different Rules	Article L223-1 protects consumers, not businesses. Marketing communications between businesses remain permissible under certain conditions: legitimate interest, a subject matter related to the profession of the person being contacted, disclosure of information at the time of collection, and a simple, free right to opt out.
E-commerce: An online store calls a customer who purchased a pair of shoes eight months ago to show them the new collection.	Not covered	The purchase was delivered, the contract was fulfilled: there is no longer an active contract. A monthly subscription that is still active would be treated differently, based on its own terms.
Training: An organization contacts a former trainee whose training session has ended to offer them an advanced training module.	Borderline case, often not covered	If the training session is complete and the contract has been settled, the exception no longer applies. A multi-year training program that is still in progress changes the analysis: it all depends on the terms of the contract. Note: Solicitation related to the personal training account is strictly prohibited in any case, pursuant to Article L6323-8-1 of the Labor Code.

Segment your customer base to determine who to call

A customer database is not a file that can be accessed in bulk. Three criteria are sufficient for building clean lists.

1. Contract status: Active, on notice, expired, terminated. Only active contracts are exempt. Expired contracts revert to the prior consent requirement.
2. Contract purpose. This is the criterion that determines the authorized offer, not the marketing segment. A well-maintained database links each customer to a product family, and each family to the list of eligible upselling opportunities.
3. Scope of the relationship. Multiple contracts, multiple locations, joint account holders: the scope for cross-selling is that of the contract, not that of the household or group.

This results in smaller, more targeted campaigns, which works in your favor: a call whose subject matches what the customer already has is more effective than a generic follow-up.

What Your CRM Should Track

The burden of proof lies with the professional: the argument “it was a customer” is worthless if it is not documented. Four pieces of information must be available when the sales representative answers the phone:

• The subject of the contract, described in terms that a customer service representative can use rather than just a product reference.
• The start and end dates, with the status automatically updating upon expiration.
• The history of outreach efforts: successful calls and attempts, dates, and reasons.
• Objections, including those expressed verbally during a call, time-stamped and enforceable across all teams.

This data is only useful if it is fed back into the calling tool. Displaying a customer record before dialing—via a CRM system integrated with the phone system—prevents errors at the moment when they are most costly; the “click-to-call” feature from the customer record automatically limits calls made outside the authorized scope.

The Risk of Reclassification

If the call falls outside the scope of the contract, the exception no longer applies. The call then becomes ordinary telemarketing, subject to the consumer’s prior consent: free, specific, informed, unambiguous, and revocable consent, which you must prove. Failure to do so constitutes a violation.

Penalties are governed by Article L242-16: an administrative fine of up to €75,000 for an individual and €375,000 for a legal entity per violation, with these penalties being cumulative in the event of concurrent violations (Article L522-7), and publication of the decision at the expense of the penalized party. Furthermore, a contract entered into as a result of an unlawful solicitation is void, and the reputational risk often outweighs the fine. If your campaigns are based on consent obtained in advance, the Consent Verification Checklist explains what to keep and for how long.

An exception does not exempt one from adhering to the schedule

A point that is often overlooked: an exception does not exempt you from the rest of the regulations. The time windows specified in Article D223-9 of the Consumer Code apply: Monday through Friday, 10 a.m. to 1 p.m. and 2 p.m. to 8 p.m. in the customer’s time zone, with no calls permitted on Saturdays, Sundays, or holidays. The same article caps the frequency of solicitations at four calls per consumer over a rolling 30-day period from the same business, including unsuccessful attempts. The text does not provide for any exceptions for customers under contract: the cap therefore also applies to these calls. Be sure to set this limit in your customer retention campaigns. The terms and conditions for consent are governed by Decree No. 2026-662 of July 23, 2026.

The corollary: the narrower your broadcast time slots become, the more valuable the incoming traffic becomes. Hence the value of treating incoming calls as a sales channel in their own right, where opportunities for upselling arise without any time constraints or the need for consent.

Frequently asked questions

Will it still be possible to make up-selling calls after August 11, 2026?

Yes, for customers with active contracts, provided that the offer is related to the subject matter of the contract. The text specifically refers to complementary products or services and those that enhance service performance.

Are up-selling and cross-selling treated differently?

No. Both upselling and cross-selling fall under this exception, provided they are related to the subject matter of the contract. It is this connection that matters, regardless of the marketing label applied to the technique used.

Is prior consent required to call an existing customer?

Not if you remain within the scope of the current contract. As soon as you go beyond that scope, yes: the general legal rules apply, and the burden of proof is on you.

How long does the exception remain in effect after the contract ends?

The text refers to the current contract. Once the contract has expired or been terminated, there is no longer any basis for invoking it. Make sure to set up an automatic status update in your database.

Can a customer with an active contract refuse to receive calls?

Yes, and that objection must be recorded and respected, even if it is raised orally during the appeal.

Learn More

Kavkom is a 100% cloud-based business phone system with an integrated hybrid CRM: the contract details, due date, call history, and objections remain visible on the customer record before dialing and can be exported for audit purposes. All features are included at no extra cost, with no long-term commitment, and billing is prorated. The configuration of segments and time slots is demonstrated in the demo.

This article provides an overview of the current legal provisions as of August 15, 2026, and does not constitute legal advice. For specific situations, please refer to the official texts or consult a legal professional.