SMS and Messaging Marketing Consent Under GDPR and ePrivacy

Electronic marketing in the EU and UK is governed by two sets of rules: GDPR for the personal data, and the ePrivacy rules — the UK's PECR — for the message itself. For SMS, WhatsApp, RCS and Viber marketing, the starting point is the same: get consent first.

In Short

Get clear, specific opt-in before sending marketing messages. A narrow existing-customer exception may allow marketing similar products to people who bought from you and were offered an opt-out. Record consent, and make stopping work immediately.

The Rules in Plain Words

• The ePrivacy Directive Article 13 requires prior consent for marketing by electronic mail, which covers SMS and similar messages (ePrivacy Directive).
• It allows an exception for existing customers: similar products, contact details collected during a sale, and a clear chance to object at collection and in every message. EU countries implement this differently.
• In the UK, PECR regulation 22 sets the same rule and "soft opt-in" (ICO).
• GDPR consent must be freely given, specific, informed and unambiguous — no pre-ticked boxes — and you must be able to show it.

Service Messages vs Marketing

Order updates, appointment reminders and codes are service messages and don't need marketing consent. Mixing a promotion into a service message turns it into marketing. On WhatsApp, Meta also separates marketing and utility templates.

A Good Opt-In

• Name the channel: "Send me offers on WhatsApp."
• Say what and how often: "Up to two offers a month."
• Keep the box unticked and separate from your terms.
• Store when, where and the wording shown.

Opt-Out

Every marketing message needs a simple way to stop, such as replying STOP or tapping Stop Promotions. Arino One records opt-outs per channel and blocks further marketing automatically.

FAQ