1. Introduction
SMS marketing is subject to various regulations around the world. This document outlines the key regulations that apply to SMS marketing in different regions and how SendiaSMS helps you comply with these regulations.
2. European Union (GDPR and ePrivacy Directive)
In the European Union, SMS marketing is regulated by the General Data Protection Regulation (GDPR) and the ePrivacy Directive.
Key requirements:
- Explicit consent must be obtained before sending marketing messages
- Clear identification of the sender
- Opt-out instructions must be included in every message
- Opt-out requests must be honored immediately
- Records of consent must be maintained
3. United States (TCPA and CAN-SPAM)
In the United States, SMS marketing is primarily regulated by the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act.
Key requirements:
- Prior express written consent is required for marketing messages
- Clear identification of the sender
- Opt-out instructions must be included in every message
- Opt-out requests must be honored immediately
- Messages cannot be sent between 9 PM and 8 AM local time
- Message must include "Msg & data rates may apply" disclaimer
4. Canada (CASL)
In Canada, SMS marketing is regulated by Canada's Anti-Spam Legislation (CASL).
Key requirements:
- Express or implied consent is required before sending messages
- Clear identification of the sender, including contact information
- Opt-out mechanism must be included in every message
- Records of consent must be maintained
5. United Kingdom (UK GDPR and PECR)
In the United Kingdom, SMS marketing is regulated by the UK GDPR and the Privacy and Electronic Communications Regulations (PECR).
Key requirements:
- Explicit consent must be obtained before sending marketing messages
- Clear identification of the sender
- Opt-out instructions must be included in every message
- Opt-out requests must be honored immediately
- Records of consent must be maintained
6. Country-Specific Requirements
Many countries have specific requirements for SMS marketing. SendiaSMS automatically applies these requirements based on the target country:
| Country | Specific Requirements |
|---|---|
| France | STOP keyword required, sender ID regulations, time restrictions (8 AM - 8 PM) |
| Germany | Company information required, double opt-in recommended |
| Italy | Sender must be clearly identified, opt-out required |
| Spain | STOP keyword required, sender identification required |
7. How SendiaSMS Helps You Comply
Our platform includes several features to help you comply with these regulations:
- Automatic inclusion of opt-out instructions
- Country-specific compliance templates
- Time zone-aware scheduling to respect quiet hours
- Automatic handling of opt-out requests
- Consent management tools
- Compliance checking before campaign sending
8. Best Practices
To ensure compliance with SMS regulations, we recommend the following best practices:
- Always obtain explicit consent before sending marketing messages
- Keep records of when and how consent was obtained
- Clearly identify yourself as the sender in every message
- Include opt-out instructions in every message
- Honor opt-out requests immediately
- Respect quiet hours (typically 9 PM to 8 AM local time)
- Keep messages relevant and valuable to recipients
9. Disclaimer
This document provides general information about SMS regulations and is not legal advice. Regulations may change over time, and additional requirements may apply in specific situations or jurisdictions. We recommend consulting with a legal professional for advice specific to your situation.