In France, sending professional SMS is subject to extremely strict legislation. If you decide to adopt professional SMS as a communication channel, it is therefore essential that you take this into account. This way, you can avoid possible sanctions, which can sometimes be extremely costly.
So discover through this article the different compliance rules for professional SMS.
The STOP mention
Originally, the STOP mention was made mandatory in order to combat spam. The principle is simple: a contact can decide to unsubscribe from your SMS communications by sending STOP to xxxxx. This contact will no longer be part of your contact database lists and you will no longer have the right to send them SMS communications.
GDPR guidelines require SMS senders to include the word STOP in their messages. This is to protect consumers.
It should be noted, however, that the “SMS STOP” message is not mandatory when messages are sent for information purposes. This is the case for appointment confirmation SMS, reminders, alerts, confirmation codes, etc.
Currently, many SMS sending platforms such as Octopush offer the opt-out functionality. The management of Stop SMS is therefore done automatically and the risks of sanctions are minimized.
Opt-in contacts and GDPR compliance
Logically, after what has been said previously, you must surely understand that it is strictly forbidden to send professional SMS to people who have not explicitly agreed to receive them.
Opt-in contacts and GDPR compliance
In general, when registering on a platform, the agreement is given, it is the small box to check after filling out the advertising database digital form. We then speak of the principle of opt-in. It should be noted that a contact automatically becomes opt-in when converted into a customer.
Of course, GDPR compliance is much more complex.
However it can be summed up as the obligation to
Have an opt-in database (contacts who have given their consent to receive communications).
Adhere to the principles of data protection and privacy rights.
Obtaining consumer consent for sending professional SMS messages.
Provide contacts with an easy way to unsubscribe.
Finally, another clause of the GDPR specifies certain restrictions for sending advertising SMS messages. Indeed, it is strictly what is segmentation in marketing? forbidden to send advertising SMS messages from Monday to Saturday between 8 p.m. and 8 a.m., on Sundays and public holidays. Otherwise, heavy sanctions may apply.
Other rules of compliance for professional SMS
Also, it is important to note that if you have an SMS contact database, it is necessary to ge lists declare it to the CNIL. For more information on the subject, visit their website.
Finally, in terms of message content, the dissemination of unpleasant, discriminatory, hateful and pornographic content is also prohibited. The name of your company must also be clearly indicated in your SMS messages.
