October 18, 2024
SMS regulations and compliance – develop your business with no risks
SMS messaging is a worldwide recognized marketing tool enabling businesses to communicate with customers fast and effectively. However, the commercial SMS world is complicated from the point of view of compliance and regulations. And if you want to run a successful and legal texting campaign, read our article to make sure you understand and follow all the specifics of SMS compliance and text messaging rules*.
What is SMS compliance worldwide?
SMS compliance – fixed by law set of rules, regulating the way how brands should reach and communicate with consumers. Nowadays cold texting is illegal in most parts of the world. Specific rules may differ in various countries, regions and even depend on local mobile operators. Fundamental check-points each business should know and follow:
- Opt-in. Before starting marketing messaging explicit opt-ins from users should be collected. This proves the customers’ consent to receive texting from the brand. Assuming that a client agrees to be communicated by business because he sometimes bought from it, does not work. Before collecting express written consent from the customers, you need to clearly inform them what you are going to send, what for, how often, etc.
- Sender’s name. Register your sender ID, as the brand name should appear in the box “sender” in every SMS message you send, so that the users recognize who is messaging to them.
- Content. Rules and restrictions may differ depending on the messaging text, – transactional and authorization messaging may not require consent, as they are initiated by the customer, but personal data regulations refer to them also. The advertising of items like drugs, alcohol, tobacco, 18+ products is prohibited in most countries.
- Message time. In many countries you can communicate with customers only during business hours. Good practice is also to take into consideration time zones if you communicate with clients worldwide and balance the frequency of messaging.
- Opt-out. Businesses should implement a clear and visible opt-out process. Even if once the customer agreed to receive from you, he should always have a possibility for a quick and easy opt-out. Good practice is to include into every marketing SMS a keyword phrase to stop receiving messages.
SMS regulations in UK
Who controls?
There are a number of organizations involved in mobile communication and advertising rules. They provide guidance on compliance considerations and can take actions against a company when they are not in compliance with their policies.
Major rules
The main regulations you should know starting SMS messaging in UK are:
- Obtain clear written consent. Such a consent note should clearly state that the person agrees to receive promotional messaging on his mobile phone with his physical or digital signature.
- Privacy and data protection. SMS regulation in the UK requires confidentiality and customers personal data protection. Businesses should store the data securely and delete after a certain period. Customers should be aware of how it is stored and handled. No way to provide the data to third parties without the customer’s written consent.
- Clear Sender ID. Businesses should state their identity in SMS to your customers. It can be alphanumeric (users can check) or a numeric header (appears automatically).
- Send SMS during approved hours. It is forbidden to send SMS promotional messages in the UK before 9:00 a.m. or after 8:00 p.m.
- Enable the opt-out. To refuse from brand messaging is an unconditional right of any customer. Businesses should provide easy opportunities to opt-out. These may be the reply “stop” or unsubscribe link. It goes without saying that such requirements should be satisfied immediately.
What happens if you do not follow?
Your brand can face fines of up to £500,000 for non-compliance with the UK SMS regulations and a civil action from any person for sending texts without his consent. Fines for SMS breaches topped £100,000, with the average fine being £108,000. Together with money you may lose also customers, reputation and business itself, – strong arguments to conduct your SMS messaging activities in full compliance with all applicable regulations.
Some data from Statista
We summed up for you the main UK rules and regulations. However, laws are complicated, specific and are changing very quickly. Mobile operators as well introduce rules to reduce fraud and illegal traffic.
That is why – before starting bulk SMS messaging, please, study in detail all the applicable nuances together with your legal department or cooperate with reliable customers’ communication services provided. ImLink works in compliance with all regulations and has a comprehensive expertise in SMS messaging both locally and abroad. Please complete the form on our website. Our manager will contact you and offer the options for fully legal and effective SMS communication with customers!
*IMPORTANT: The article is for informational purposes only and is not a legal guide.