Each country or region has it's own compliance regulations and regulatory bodies that control the regulations. Learn more about the required compliance considerations in the United Kingdom.
Who Sets Compliance Rules?
There are a number of organizations involved in mobile communication, electronic communication, and advertising regulations.
The Privacy & Electronic Communications Regulations (PECR)
UK Data Protection Act (DPA)
UK General Data Protection Regulation (GDPR)
The Code of Non-Broadcast Advertising and Direct & Promotional (CAP) Code
Direct Marketing Association (DMA) Code
Wireless Carriers
These organizations provide guidance on compliance considerations and can take actions against a company when they are not in compliance with their policies.
The Compliance Basics
Collect express written consent during the opt-in process that outlines what new subscribers should expect after signing up for your program.
Opt-in forms cannot contain pre-checked checkboxes that automatically opts a contact into the program. They must check the box themselves to opt-in to the mobile program.
Mobile Terms & Conditions must be easily accessible for contacts.
Contacts must be able to easily opt-out of the program.
Include opt-out options (e.g. text Stop) in all messages.
โ ๏ธ Always consult with your legal team to ensure your program is in full compliance.
Send Time & Frequency
There are no specific requirements around send times and quiet hours. However, the DMA Code requires taking reasonable steps to avoid sending messages at "times considered to be antisocial."
๐ก A common strategy is to send messages between 9 AM-8PM local time.
There are also no specific requirements around the number of messages that can be sent in a 24-hour period. Frequency capping can be enabled, but is not required.
Message Compliance Requirements
Below you will find the components that are recommended to be included in different message types.
Opt-In Subscription Prompt (Reply Y Message)
Program (brand name) or product description
Include mention of cart reminders, if sending
Response command (Reply Y)
Disclosures (Recommended)
Link to Full Terms & Conditions (Recommended)
Opt-In Confirmation Welcome Message
Program (brand name) or product description
Message frequency
Reply STOP to cancel
Msg & data rates may apply
Customer Care contact information e.g. Reply HELP for Help, toll free contact number, or support email address
One-Time or Recurring Broadcast Messages
The elements below are required in every broadcast message.
Program (brand name) or product description
Reply STOP to cancel
Automated Help Response
Program (brand name) or product description
Customer Care contact information e.g. Reply Client's toll free contact number or support email address
Reply STOP to cancel (Recommended)
Msg & data rates may apply (Recommended)
Automated Stop Response
Program (brand name) or product description
Confirm that no additional messages will be sent