How GDPR affects my SMS marketing

• What is the GDPR?
• What are bulk text messages (SMS)?
• How does the GDPR affect the sending of SMS?
• How to obtain explicit consent from recipients?
• How to ensure transparency in the use of personal data?
• How to respect the privacy rights of recipients?
• How to provide a clear and simple way for recipients to unsubscribe?
• Who can I send SMS to?
• Tips for applying the GDPR to your SMS marketing

What is the GDPR?

The GDPR is a European Union regulation that sets out the rules for the protection of European citizens' personal data. The approval, that took place in May 2018, aims to ensure that citizens have more control over their personal data and that companies are more transparent in their use of personal data.

What are bulk text messages (SMS)?

They are a form of marketing in which companies send text messages to multiple recipients at the same time. These messages are used to promote products or services, inform customers about special promotions or events, and to send reminders and alerts.

How does the GDPR affect the sending of SMS?

The GDPR states that all marketing communications must be sent only to those individuals who have given their explicit consent to receive them. This means that companies must obtain prior consent from recipients before sending SMS messages. In addition, recipients must have the option to unsubscribe at any time.

Explicit consent is one of the key parts of the GDPR, and companies must ensure that the individuals to whom they send messages have given their consent to receive them. This can be achieved through various means, such as online consent forms, confirmation emails or text messages requesting explicit consent.

How to obtain explicit consent from recipients?

In order to obtain explicit consent from recipients, companies must clearly inform recipients about the purpose of the SMS and how their personal data will be used. This means that they should provide clear information on how the recipient's personal data will be used and the purpose of the communication.

Companies should provide a clear and simple way for recipients to give consent, either through online consent forms, confirmation emails or SMSs requesting explicit consent. Importantly, consent must be free, specific, informed and unambiguous.

In addition, companies should bear in mind that recipients have the right to withdraw their consent at any time. Companies should provide a clear and simple way for recipients to unsubscribe from receiving bulk text messages. This option should be available on every text message sent.

How to ensure transparency in the use of personal data?

The GDPR also states that companies must be transparent in their use of recipients' personal data. This means that companies must provide clear and concise information about the purpose of the use of personal data and how it will be used. Businesses should also be transparent in their process of collecting personal data and how the data will be stored and protected.

Businesses should be aware that recipients have the right to access their personal data and to request that it be corrected or deleted. Businesses should be prepared to respond to these requests and comply with the GDPR regulations regarding the protection of recipients' personal data.

How to respect the privacy rights of recipients?

The GDPR states that companies must respect the privacy rights of recipients and ensure that personal data is protected. This means that companies must take measures to ensure the security of recipients' personal data and prevent any misuse of it.

Businesses should be careful in their use of recipients' personal data and ensure that it is only used for the purposes for which it was collected. Businesses should ensure that personal data is stored securely and that measures are taken to protect data from unauthorised access.

How to provide a clear and simple way for recipients to unsubscribe?

The GDPR states that recipients must have the option to unsubscribe from receiving text messages at any time. Companies must provide a clear and simple way for recipients to unsubscribe from receiving SMS.

Companies can do this by providing a link in each text message that allows recipients to unsubscribe from the SMS list. In addition, companies can provide clear information on how recipients can unsubscribe on their website or any other communication channel.

Who can I send SMS to?

It depends on how you have collected the data, for what purpose and the information to be sent. To obtain their consent and be able to send them communications in compliance with the law, it is best to send them an SMS inviting them to confirm that they want to continue receiving your mailings and to give them all the information regarding the processing of their data and what it will be used for.

Once you have sent this message, your list will probably be reduced, but it will be more qualified, as from that moment on, only those who are really interested in receiving your communications will receive them. 

For new contacts, the best way is from a subscription form that is clear, with a link to the privacy policy and a check box to obtain the explicit consent of the contact and that is double opt-in to ensure that no one fills out the form with someone else's data.

Tips for applying the GDPR to your SMS marketing

• The most important thing for GDPR-compliant SMS marketing is to keep your databases clean. Make sure you don't use records that you can't prove consent for. That means all those contacts who have not given you their consent again if you got it tacitly or by omission.  
• Develop a privacy policy in line with the conditions of the new Regulation. This policy should cover all the processing of your contacts' data and should be visible on the form you use to collect it.
• Train your employees in everything related to the regulation so that they are aware of the characteristics, responsibilities and requirements to be met. 
• Appoint a data protection officer. You can decide whether you want it to be an internal or external person, but if you deal with personal or sensitive data it is mandatory that you have one.
• The messages you send must be clear and indicate, at all times, what it is you want to promote or sell to your contacts. In addition, it is important that it is clear who the person or company behind the message is so that there is no room for doubt.
• In the same way that you should ask your contacts if they want to join your list, you should give them the option to unsubscribe from your communications. To do this, you need to add an unsubscribe link so that those who do not want to receive further communications can decide to stop receiving messages from you.

The GDPR has had a big impact on how businesses can send SMS. Companies must obtain explicit consent from recipients before sending messages and must provide a clear and simple way for recipients to unsubscribe from receiving these messages. Companies must also be transparent in their use of recipients' personal data and respect recipients' privacy rights.

Ultimately, the GDPR has led to greater accountability and transparency in the use of personal data. If companies can comply with GDPR regulations in relation to sending SMS, they can increase the trust of recipients and build stronger relationships with them.

However, it is important for businesses to realise that GDPR is only the beginning. Privacy and security of personal data must be an ongoing priority for all businesses that send SMS. Businesses should be aware of any changes in data privacy regulations and adjust their practices accordingly.

Summarising, the GDPR has had a significant impact on texting, and businesses must adjust their practices to comply with these regulations. Obtaining explicit consent from recipients, being transparent in the use of personal data, respecting recipients' privacy rights, and providing a clear and easy way for recipients to opt-out are just some of the regulations that businesses must follow to comply with the GDPR.

If companies can comply with these regulations, they can improve recipient trust and satisfaction, which, in turn, can help build stronger and longer-lasting relationships with recipients. Ultimately, the GDPR has led to greater accountability and transparency in the use of personal data, which is good news for recipients and businesses alike.