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GDPR Compliance for SMS Campaigns Print

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GDPR and SMS Marketing — Compliance Guide

The General Data Protection Regulation (GDPR, Article 6) imposes strict rules on SMS marketing communications. Non-compliance can result in fines of up to 4% of annual worldwide turnover.

Legal basis for processing

The GDPR defines 6 legal bases. For marketing SMS, the main basis is explicit consent. For transactional SMS (OTP, order confirmation), the basis can be performance of a contract.

Conditions for valid consent (Article 4.11)

Consent must be freely given, specific, informed and unambiguous:

  • Freely given: Access to the service cannot be made conditional on accepting marketing SMS
  • Specific: Separate consent for each type of communication (marketing, transactional, promotional)
  • Informed: The user must understand exactly what they are consenting to — clear language, no jargon
  • Unambiguous: Box unchecked by default — silence or inaction does NOT constitute consent

Managing opt-outs

  • Include in every marketing SMS: "Reply STOP to unsubscribe"
  • Process unsubscribe requests within 24 hours maximum
  • Keep the unsubscribe list for 3 years minimum
  • Withdrawing consent must be as easy as giving it (GDPR RFC)

Recommended SMS footer

[CompanyName] | SIRET: XXXXXXXXX
Reply STOP to unsubscribe
Privacy policy: https://votresite.com/privacy

Retention periods

Data typeMinimum period
Proof of consent3 years (recommended: 5-7 years)
Delivery logs6 to 12 months
Unsubscribe list3 years after opt-out
Customer dataPeriod necessary for the stated purpose

SMS compliance checklist

  • ☐ Double opt-in consent for marketing segments
  • ☐ Box unchecked by default on all forms
  • ☐ Audit trail: timestamp, IP, exact consent text
  • ☐ No SMS between 21h00 and 8h00 (recipient's local time)
  • ☐ Consent renewal every 24 months
  • ☐ 100% first-party data — no purchased lists
  • ☐ DPA (Data Processing Agreement) signed with WebTic as processor

Reference: Google was fined €50M by the French CNIL for failing to meet informed consent requirements.


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