SMS Marketing B2B/B2C – Opt-In

It is not permissible to perform direct marketing by SMS to either corporate or individual subscribers without their prior explicit consent.

According to Section 7(3) of the Unfair Competition Act an exemption applies if:

  • the entrepreneur has obtained from the customer the latter’s SMS contact in connection with the sale of goods or services;
  • the entrepreneur uses the address for direct advertising of his own similar goods or services;
  • the customer has not objected to this use; and
  • the customer has been clearly and unequivocally advised, when the address is recorded and each time it is used, that he can object to such use at any time, without costs arising by virtue thereof, other than transmission costs pursuant to the basic rates.