Whenever phone-based prospecting is mentioned, one recurring question is: what regulations apply when contacting professionals via phone? Does the classification of the phone number (personal vs. professional) determine which rules apply?
The regulatory landscape for phone prospecting varies significantly across European jurisdictions. Some countries maintain identical regulations for both B2B and B2C prospecting, while others establish distinct frameworks. In jurisdictions that differentiate between B2B and B2C, the determining factor is whether the call relates to the recipient's professional activities. This factor—rather than whether the number is classified as personal or professional—is the key consideration.
France: Major Regulatory Changes in 2025
Legal Framework Before August 2025
B2C Phone Prospecting
Prior to August 2025, B2C phone prospecting in France did not require prior consent. Unlike the rules for email and SMS marketing, organizations could conduct consumer prospecting based on legitimate interest under GDPR, provided they informed individuals at the time of data collection, offered the right to object, and respected opt-out lists such as Bloctel.
B2B Phone Prospecting
For B2B prospecting, the same framework applied: no prior consent was required. Prospecting could be conducted based on legitimate interest, with proper information at data collection and the right to object. Unlike email and SMS marketing regulations, French law made no distinction between B2B and B2C phone prospecting during this period.
Phone Number Type
The type of phone number used (personal or professional) had no legal significance. The same rules applied regardless of whether the contact was made to a personal or professional number.
Legal Framework From August 2025
The August 2025 reform aligns phone prospecting rules with those already in place for SMS and email marketing, introducing a fundamental change for consumer prospecting.
B2C Phone Prospecting
Consumer consent is now required before conducting B2C phone prospecting. This applies to consumers, defined as natural persons acting outside their commercial, industrial, artisanal, liberal, or agricultural activities. This change brings phone prospecting in line with existing SMS and email marketing regulations.
B2B Phone Prospecting
B2B phone prospecting rules remain unchanged from the pre-August 2025 framework. Organizations can continue prospecting without prior consent, provided they have legitimate interest under GDPR, properly inform data subjects, and provide the right to object. This creates a clear regulatory distinction between B2B and B2C contexts.
Phone Number Type
The type of phone number remains legally irrelevant in France. What matters is the purpose of the call and whether it relates to the recipient's professional activities. The CNIL (French Data Protection Authority) considers a phone prospecting call to be B2B if its purpose is directly related to the professional activity of the person being contacted.
In practice:
Calling an accountant on their work number to sell a swimming pool is considered B2C, as it is unrelated to their professional activity and pertains to leisure
Calling an accountant on their personal number to sell accounting software is considered B2B, as it relates to their profession
As a result, companies should focus on making sure to call the person having the right role rather than obtaining a professional number.
United Kingdom: No B2B/B2C Distinction
Current Framework
The UK maintains regulations similar to those that applied in France before August 2025. There is no requirement for consent, regardless of whether the call is B2B or B2C. This means that both consumer and business phone prospecting can be conducted without obtaining prior permission from the recipient.
Compliance Requirements
To conduct phone prospecting legally in the UK, organizations must demonstrate legitimate interest in line with UK GDPR. This means having a valid business reason for making the call that outweighs the individual's privacy rights. Organizations must inform individuals at the time their data is collected that it may be used for phone prospecting purposes, provide a clear opt-out mechanism, and respect opposition lists like TPS (Telephone Preference Service) for consumers who have registered their wish not to receive unsolicited calls.
Phone Number Type
In the UK, it does not matter whether a personal or business number is used for prospecting purposes. The same rules apply whether you're calling someone's mobile phone, home landline, or office number. What matters is compliance with the UK GDPR requirements mentioned above. The legal framework focuses on the lawful basis for processing (legitimate interest) and proper safeguards, not on the type of phone number being contacted.
Germany: Clear B2B/B2C Distinction
B2C Phone Prospecting
German law takes a strict approach to consumer protection. Consent is required for all B2C phone prospecting calls. This means that before contacting any consumer for marketing purposes, organizations must have obtained clear, explicit permission from that individual. This consent requirement applies regardless of any existing business relationship or the source of the phone number.
B2B Phone Prospecting
For professional calls, the situation is more nuanced. Consent may not be required if there is a specific reason for the call and that reason aligns with the recipient's professional interests. This means that calling a marketing manager about marketing software or a CFO about financial planning tools could be permissible without prior consent, as these calls directly relate to their professional responsibilities.
Phone Number Type
As with France and the UK, German law does not focus on whether the number is personal or professional. What matters is the purpose of the call and its relevance to the individual's profession. A call to a lawyer's personal mobile about legal practice management software would still be considered B2B, while a call to their office number about holiday packages would be B2C. The classification depends entirely on the content and purpose of the prospecting call, not the type of number used.
In Summary
European countries follow two main approaches to phone prospecting regulation:
In countries that distinguish between B2B and B2C (like France post-2025 and Germany), consent is required only for B2C prospecting. The classification depends on whether the call relates to the recipient's professional activities, not the type of phone number used.
In countries without this distinction (like the UK), consent is typically not required for either B2B or B2C prospecting, provided legitimate interest under GDPR is demonstrated.
The critical factor across all jurisdictions remains the same: when B2B/B2C distinctions exist, the call's purpose and relevance to professional activities determines its classification—not whether the number is personal or professional.
