Sending text messages while respecting the law
Posted: Tue Dec 24, 2024 5:28 am
SMS is a communication channel that has become essential for many companies. Among other things, it allows you to reach your target wherever they are and to transmit a message in the most relevant way possible. With high opening and reading rates, commercial SMS are particularly effective for promoting your offers to your customers and prospects. However, this practice is regulated by law. You are required to take into account the regulations in force in France. Find out how to send SMS while respecting the legislation .
Compliance with legislation for sending professional SMS messages
Sending mass SMS is a fairly simple and very accessible marketing operation, however legislation regulates certain points.
Commercial SMS campaigns are subject to compliance with the provisions of the Data Protection Act regarding data protection. These marketing operations involve the use of personal data. This is particularly the case for information such as the name, first name, postal and/or email address of contacts.
The essential principle defined by the law is that any natural person may object, argentina phone number database without justification and free of charge, to their data being used for prospecting purposes.
As a professional, you must respect certain rules for sending your bulk SMS messages . Several sources provide a framework for the commercial use of SMS messages and offer help sheets to learn how to send SMS messages in compliance with the law :
the CNIL: National Commission for Information Technology and Civil Liberties;
ARCEP: Electronic Communications and Postal Regulatory Authority;
AFMM: French Mobile Multimedia Association;
the MMA: Mobile Marketing Association.
How to send text messages in compliance with the law?
It is important to comply with the legislation for your SMS campaigns , so as not to harm customers. Sending promotional SMS in compliance with the regulations will allow you to set up reliable and safe marketing campaigns. We offer you a reminder of the regulations.
Prior consent of consumers
Here is an important rule, simple and easy to follow.
No commercial message without the recipient's prior consent. Indeed, advertising by SMS or MMS is possible, provided that people have explicitly given their consent to be contacted when they entered their mobile phone number.
Two exceptions:
if the person being prospected is already a customer of the company and if the prospecting concerns products or services similar to those already provided by the company;
if the prospecting is not of a commercial nature (charitable for example).
The ability to unsubscribe
In both cases, the person must, at the time of collecting their telephone number:
be informed that their mobile phone number will be used for prospecting purposes;
be able to oppose this use in a simple and free manner (as with the Stop SMS notice).
Mandatory information
Each message must:
specify the identity of the advertiser;
provide a simple way to object to receiving new solicitations (this is the case for a non-premium rate telephone number where it is possible to unsubscribe at the end of the message).
Days and times for sending professional SMS
In France, legislation strictly regulates the days and times for sending professional SMS messages . It is important to respect these rules to ensure effective and respectful communication with your customers.
From Monday to Friday, you can send commercial SMS messages only between 8am and 8pm. On Sundays and public holidays, sending promotional SMS messages is prohibited.
It is crucial to follow these rules to maintain a good relationship with your customers and avoid any legal sanctions.
Spamming
Sending commercial SMS messages without prior agreement may constitute an action that will harm you. You should know that with the Law on Confidence in the Digital Economy of June 21, 2004, war has been declared on spamming. In fact, only advertising messages expressly and previously consented to by the person are authorized.
In Germany, the Berlin Regional Court recently convicted two companies that sent unsolicited text messages. The plaintiff was awarded €2,500 in damages for each message sent. The judges are therefore being very strict when it comes to unwanted messages that flood mobile phone inboxes.
Sending marketing SMS with SMS Sending
With SMS Envoi, sending marketing SMS becomes child's play. We have developed 2 solutions to facilitate your SMS marketing campaigns : our online platform and our SMS API. Whether you want to send an appointment reminder to your customers or announce a flash sale, SMS Envoi is here to help you.
We also offer you a database rental consisting of opt-in customer files . That is to say, all these contacts have given their explicit consent.
With our tools, you can easily integrate the SMS Stop option which allows your customers to easily unsubscribe from your communications.
Do not hesitate to contact us for more information on our tools, simple to use and efficient. You now know how to send SMS while respecting the legislation . You too, reach your customers where they are most likely to see your message, that is to say on their mobile phone.
Compliance with legislation for sending professional SMS messages
Sending mass SMS is a fairly simple and very accessible marketing operation, however legislation regulates certain points.
Commercial SMS campaigns are subject to compliance with the provisions of the Data Protection Act regarding data protection. These marketing operations involve the use of personal data. This is particularly the case for information such as the name, first name, postal and/or email address of contacts.
The essential principle defined by the law is that any natural person may object, argentina phone number database without justification and free of charge, to their data being used for prospecting purposes.
As a professional, you must respect certain rules for sending your bulk SMS messages . Several sources provide a framework for the commercial use of SMS messages and offer help sheets to learn how to send SMS messages in compliance with the law :
the CNIL: National Commission for Information Technology and Civil Liberties;
ARCEP: Electronic Communications and Postal Regulatory Authority;
AFMM: French Mobile Multimedia Association;
the MMA: Mobile Marketing Association.
How to send text messages in compliance with the law?
It is important to comply with the legislation for your SMS campaigns , so as not to harm customers. Sending promotional SMS in compliance with the regulations will allow you to set up reliable and safe marketing campaigns. We offer you a reminder of the regulations.
Prior consent of consumers
Here is an important rule, simple and easy to follow.
No commercial message without the recipient's prior consent. Indeed, advertising by SMS or MMS is possible, provided that people have explicitly given their consent to be contacted when they entered their mobile phone number.
Two exceptions:
if the person being prospected is already a customer of the company and if the prospecting concerns products or services similar to those already provided by the company;
if the prospecting is not of a commercial nature (charitable for example).
The ability to unsubscribe
In both cases, the person must, at the time of collecting their telephone number:
be informed that their mobile phone number will be used for prospecting purposes;
be able to oppose this use in a simple and free manner (as with the Stop SMS notice).
Mandatory information
Each message must:
specify the identity of the advertiser;
provide a simple way to object to receiving new solicitations (this is the case for a non-premium rate telephone number where it is possible to unsubscribe at the end of the message).
Days and times for sending professional SMS
In France, legislation strictly regulates the days and times for sending professional SMS messages . It is important to respect these rules to ensure effective and respectful communication with your customers.
From Monday to Friday, you can send commercial SMS messages only between 8am and 8pm. On Sundays and public holidays, sending promotional SMS messages is prohibited.
It is crucial to follow these rules to maintain a good relationship with your customers and avoid any legal sanctions.
Spamming
Sending commercial SMS messages without prior agreement may constitute an action that will harm you. You should know that with the Law on Confidence in the Digital Economy of June 21, 2004, war has been declared on spamming. In fact, only advertising messages expressly and previously consented to by the person are authorized.
In Germany, the Berlin Regional Court recently convicted two companies that sent unsolicited text messages. The plaintiff was awarded €2,500 in damages for each message sent. The judges are therefore being very strict when it comes to unwanted messages that flood mobile phone inboxes.
Sending marketing SMS with SMS Sending
With SMS Envoi, sending marketing SMS becomes child's play. We have developed 2 solutions to facilitate your SMS marketing campaigns : our online platform and our SMS API. Whether you want to send an appointment reminder to your customers or announce a flash sale, SMS Envoi is here to help you.
We also offer you a database rental consisting of opt-in customer files . That is to say, all these contacts have given their explicit consent.
With our tools, you can easily integrate the SMS Stop option which allows your customers to easily unsubscribe from your communications.
Do not hesitate to contact us for more information on our tools, simple to use and efficient. You now know how to send SMS while respecting the legislation . You too, reach your customers where they are most likely to see your message, that is to say on their mobile phone.