It is tempting to assume that an activity as regulated as customer service must, by now, have a European framework. It does not. Article 21 of Directive 2011/83/EU is the only genuinely harmonised obligation: a consumer calling a trader about a concluded contract must not pay more than the basic rate. The Court of Justice, in Case C-568/15 of 2 March 2017, clarified that the basic rate cannot exceed the cost of a call to a standard geographic or mobile number.
Beyond that, there is no European rule on waiting time, on the right to a human operator, on opening hours or on response deadlines — and, critically, no European rule on whether telephone marketing requires consent or merely the absence of objection. Article 13(3) of Directive 2002/58/EC left that choice expressly to national law.
What is harmonised and what is not
| Matter | Status | Instrument |
|---|---|---|
| Cost of the consumer contact line | Harmonised | Article 21 of Directive 2011/83/EU; Case C-568/15 |
| Transparency of automated interaction | Harmonised, applicable since 02.08.2026 | Article 50 of Regulation (EU) 2024/1689 |
| Accessibility of support services | Harmonised, enforceable since 28.06.2025 | Directive (EU) 2019/882 |
| Data protection in recording and logging | Harmonised | Regulation (EU) 2016/679 |
| Consent or objection for telephone marketing | Left to national law | Article 13(3) of Directive 2002/58/EC |
| Waiting time and right to a human operator | Not harmonised | National regimes, where they exist |
| Response deadlines and complaint handling | Not harmonised | National regimes, where they exist |
The proposal for an ePrivacy Regulation, which would have harmonised the marketing layer, was formally withdrawn by the European Commission, with the withdrawal published in the Official Journal in October 2025. Directive 2002/58/EC continues to apply, with the national choice of article 13(3) intact.
An operation waiting for harmonisation before addressing national divergence will be waiting indefinitely.
What this site addresses
Each has a concrete answer on the solutions page.
Automated interaction that does not disclose itself
The duty became enforceable on 2 August 2026 and the grace period for systems already in operation ends on 2 December 2026. Very few operations have embedded disclosure at every point of interaction, as opposed to only at the opening.
View solutionSupport channels that are not accessible
Accessibility has been enforceable since June 2025 and expressly covers support services. The requirement to provide conformity information orally, and not only in writing, is routinely missed.
View solutionCompliance that cannot be produced
The operation complies in daily practice and holds no organised evidence of it. Before an authority or a client auditor, that position is indistinguishable from non-compliance.
View solutionServices
Bounded products, with defined scope, method and deliverables.
Multi-Jurisdiction Exposure Assessment
Determination of which national regimes apply to an operation serving more than one Member State
SpecificationCompliance File for Customer Service
Building the documentary file that can be produced to contracting authorities, client auditors and regulators
SpecificationAI Act Article 50 Conformity
Transparency of automated customer service systems under the Artificial Intelligence Act
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.