The SMS regulations of each country
SMS is one of the most effective and affordable marketing tools of the moment. Moreover, more and more companies are now using it to retain their customers. However, the use of this means of communication for commercial purposes is subject to regulations that vary from country to country.
Here are some of them:
Canada’s SMS Regulations
The regulations for commercial SMS in Canada are as follows:
- Advertisers must obtain consent from customers (with supporting evidence) before sending them commercial text messages. The agreement can be explicit via a form or implicit and therefore automatic following a 2-year collaboration with the recipients, provided that the latter have not exercised their right of opposition.
- Advertisers should make it easy for recipients to unsubscribe from the SMS campaign and notify them every time they are sent.
French regulations
Here are the regulations in force concerning the use of commercial SMS in France. These are stricter:
- The advertiser must obtain the consent of the customer (or prospect) via a written form or online before sending him commercial SMS.
- The client must be able to easily identify the sender as well as the subject of the message.
- Any SMS for commercial purposes must contain a mention allowing the customer to exercise his right of opposition to this type of message at the end.
- Commercial SMS must only be sent between 8 a.m. and 8 p.m. on weekdays and is prohibited on public holidays and Sundays.
- Advertisers have a responsibility and obligation to ensure the protection of recipients’ data.
Regulations in the United States
Learn more about U.S. regulations for commercial SMS:
- The sender must obtain the written and explicit consent of the customer via a keyword by message, a written or online form or a pop-up before sending him commercial SMS.
- The customer must be allowed to request to no longer receive this type of message and the sender must inform him of this right with each SMS. The procedure for unsubscribing must also be systematically indicated.
- The customer must have explicit parental consent before collecting a minor’s contact details and sending them commercial SMS. Also, consent must be renewed at the slightest change in the company’s privacy policy.
Regulations of Brazil
Here is Brazil’s legislation regarding commercial SMS:
- For example, it is not possible for a company to send SMS in Brazil from 9pm to 9am
- Obtaining the consent of the customer or prospect is mandatory before sending a commercial SMS.
- The advertiser must allow the customer to object to commercial SMS and indicate the procedure to follow to disable them at the end of each message sent.
- SMS related to termination of pregnancy are strictly prohibited, as abortion is not allowed in the country.
Conclusion
In the end, we note that there are 2 common rules concerning commercial SMS: the obligation to obtain the consent of customers before sending messages (OPT-IN) and the obligation to offer an unsubscribe option each time (OPT-OUT).
