UK SMS Marketing Compliance Rules
TL;DR:
- SMS marketing in the UK must comply with GDPR and PECR regulations
- You need explicit consent before sending any marketing messages
- Every message must include a clear opt-out option
- Keep detailed records of consent and how it was obtained
- Update your privacy policy to cover SMS data collection and use
- Non-compliance can result in hefty fines and legal action
UK SMS marketing sits under two main pieces of legislation: GDPR (General Data Protection Regulation) and PECR (Privacy and Electronic Communications Regulations). Both focus on protecting personal data and privacy, which directly impacts how you can legally message customers.
Getting proper consent
Before sending any SMS marketing, you need explicit consent from recipients. This means consent that's freely given, specific, informed, and unambiguous. A pre-ticked box or silence doesn't count as consent.
The consent must be for SMS specifically – you can't assume that email consent covers text messages too. When collecting phone numbers, be clear about what you'll use them for and how often you'll message.
Providing opt-out options
Every marketing message must include a clear way for people to opt out. This respects their right to withdraw consent at any time. The opt-out process needs to be free and straightforward – usually a simple "Reply STOP" instruction works well.
Once someone opts out, you must stop messaging them immediately and keep a record of their preference.
Keeping records
You need to document when, where, and how you obtained consent from each contact. This includes what information you gave them about your messaging at the time they signed up.
Using compliance tools
SMS platforms can help manage compliance requirements. Good platforms will track consent automatically, include opt-out links in every message, and maintain the records you need for regulatory purposes.
Look for features like consent logging, automatic opt-out handling, and detailed reporting on your messaging activity.
Regular compliance checks
Review your SMS practices regularly to make sure they still meet current regulations. Check that your privacy policy accurately reflects how you collect and use phone numbers for marketing.
FAQs
What counts as valid consent for SMS marketing?
Valid consent must be explicit, documented, and obtained specifically for SMS marketing. The person must understand what they're agreeing to and have a genuine choice. Pre-ticked boxes or assumptions don't count.
How quickly do I need to process opt-out requests?
You must stop sending marketing messages immediately after receiving an opt-out request. There's no grace period for "messages already in the system."
Can I buy SMS marketing lists?
No. Under UK regulations, you can only message people who have specifically consented to receive messages from your business. Bought lists don't provide this consent.
What are the penalties for non-compliance?
GDPR fines can reach up to 4% of annual turnover or £17.5 million, whichever is higher. PECR violations can result in fines up to £500,000. Beyond financial penalties, you risk damage to your reputation and customer trust.
Jargon Buster
GDPR (General Data Protection Regulation): EU-wide law that governs how personal data must be handled, including phone numbers used for marketing.
PECR (Privacy and Electronic Communications Regulations): UK-specific rules that cover electronic marketing, including SMS, email, and phone calls.
Explicit consent: Clear, specific agreement that leaves no doubt about what the person is consenting to. Must be given freely and can be withdrawn at any time.
Opt-out: The process that lets people unsubscribe from marketing messages. Must be free and easy to use.
Data controller: The organisation that decides how and why personal data is processed. If you're sending SMS marketing, you're likely the data controller.
Wrap-up
UK SMS marketing compliance isn't complicated, but it is strict. The key is getting proper consent before you start messaging, making it easy for people to opt out, and keeping good records of both.
Most compliance issues happen when businesses assume they can message customers without explicit SMS consent, or when they make opting out difficult. Avoid these pitfalls by being transparent about your messaging from the start and respecting people's choices.
Regular reviews of your processes and privacy policy will help you stay compliant as regulations evolve.
Learn about QuickSMS: https://www.quicksms.com/