SMS is a powerful communication tool, but of course comes with responsibilities. Before any service with us goes live, we’ll help you to understand all the regulations and codes of practice relevant, ensuring you are compliant with:
- PhonePay Plus 12th Code of Practice
- The Advertising Standards Authority
- All UK Mobile Operator Codes of Practice
We keep up-to-date with all changes to the law, regulations and codes of practice to help ensure your service remains compliant. In accordance with the 12th Code of Practice of PhonePay Plus, anyone who deals with Premium Rate SMS services must be registered before performing any activity.
There are two main pieces of legislation covering the use of SMS:
- Privacy and Electronic Communications (EC Directive) Regulations 2003
- Data Protection Act 1998
This legislation is enforced by the Information Commissioner and a breach of these laws is a criminal offence.
Complying with the legislation is relatively straightforward, however. Most legislation around SMS use in advertising concerns marketing consent – whether or not you have permission to contact an individual or organisation to promote your brand, goods or services.
- Marketing to existing customers requires that customers be given the opportunity to opt out.
- Marketing to prospective customers, ie individuals who are not customers, they must opt-in.
- Marketing to businesses requires that they be given the opportunity to opt-out.