Cullen International's latest benchmark compares the rules on unsolicited commercial communications in 13 European countries.

Focusing on calls, SMS and emails, our research shows where prior consent is required for marketing communications and whether national rules limit the duration of that consent.

 Main findings

• Seven out of the 13 countries surveyed apply an opt-in regime for non-automated commercial voice calls. The remaining six countries apply an opt-out regime.
• France and Spain limit the duration of consent for commercial communications. In the Czech Republic, a two-year limit on the validity of consent is proposed.
• France and Spain also impose additional restrictions on commercial voice calls, including rules for specific sectors, permitted calling times or telephone number ranges.

Background

The EU e-Privacy Directive sets rules for unsolicited direct marketing communications. While prior consent (opt-in) is generally required for marketing by email and SMS, EU member states can choose between an opt-in and an opt-out regime for commercial voice calls not initiated by automated calling systems.

Scope

Region: Europe
Countries covered: Belgium, Czech Republic, France, Germany, Ireland, Italy, Netherlands, Poland, Portugal, Slovakia, Spain, Sweden and United Kingdom
Policy area: Consumer protection / Nuisance communications
Last updated: September 2026

For more information and access to the full benchmark, please click on “Access the full content” or “Request access” if your organisation is not subscribed to our European Consumer Protection (in Telecoms) service.