SMS Marketing B2B/B2C – Opt-In

The same rules as to the e-mail marketing apply to SMS campaigns. Therefore, they are not permitted without the recipient’s prior consent if:

  • the message is sent for purposes of Direct Marketing; and/or
  • the message is addressed to more than 50 recipients.

However, no prior consent is required if:

  • the recipient’s details were collected in the context of a sale;
  • in case of an inquiry by SMS
  • the products/services being marketed are similar to those bought by the consumer in this sale;
  • the customer clearly and distinctly has been given the opportunity to object, free of charge and in an easy manner, to such use of electronic contact details when they are collected and on the occasion of each message;
  • the recipients did not forbid the sending of SMS marketing in general before.