In a context where personal data is at the forefront of users’ concerns, it is essential for businesses to comply with data protection rules—especially when running professional SMS (PRO SMS) campaigns. The General Data Protection Regulation (GDPR), which came into force in 2018, imposes strict standards on the collection, processing and retention of personal data. This article will guide you on how to ensure your PRO SMS campaigns comply with the GDPR.
1. What is the GDPR?
The GDPR is a European Union regulation designed to strengthen and harmonize personal data protection rules across the EU. It applies to any organization, regardless of location, whenever it processes the data of EU citizens. Non-compliance can lead to heavy financial penalties—up to €20 million or 4% of global annual turnover.
2. Why does the GDPR apply to PRO SMS campaigns?
PRO SMS campaigns involve sending promotional or informational messages to phone numbers, which are considered personal data. Any collection or use of these data for commercial purposes must therefore comply with the GDPR.. Companies must ensure they do not compromise users’ privacy while optimizing their SMS communication.
3. Key GDPR principles for SMS campaigns
To ensure compliance, it is essential to observe the GDPR’s core principles:
- Consent: Consent must be freely given, informed, specific and unambiguous. In other words, the recipient must explicitly agree to receive SMS from your company.. This typically means including an unchecked opt-in checkbox on sign-up forms.
- Exceptions to consent: Two exceptions may apply where explicit consent is not required:
- When the person is already a customer and the communication concerns a similar or complementary product to one they have already purchased.
When the communication is non-commercial in purpose, for example in the case of fundraising collection.
- When the person is already a customer and the communication concerns a similar or complementary product to one they have already purchased.
- Right of access and rectification: Users have the right to access the data held about them and to request correction of any inaccuracies.
- Right to be forgotten: Individuals can request deletion of their data from your SMS database at any time. This right is fundamental and must be reflected in your data processes.
- Purpose limitation: Data collected for a specific SMS campaign must not be used for other purposes without the customer’s consent.
- Data minimization: Collect only the information strictly necessary to run your campaign.
4. Steps to ensure your PRO SMS campaigns are compliant
a. Collect data with informed consent
The first step toward GDPR compliance is to capture recipients’ phone numbers transparently. Make sure consent is:
- Freely given, specific and unambiguous: Recipients must know exactly why they are providing their number and must have the choice to refuse without negative consequences.
- Documenté : Conservez une trace de chaque consentement donné, car cela pourra être utile en cas de contrôle par les autorités.
b. Provide an easy unsubscribe option
GDPR requires that you offer a simple way to unsubscribe to prevent unsolicited messages. Include a link or a short code/number so users can easily opt out—for example, by sending “STOP” to a dedicated number.
c. Secure collected data
Personal data, including phone numbers, must be protected against unauthorized access:
- Data encryption: Protect sensitive data both in transit and at rest.
- Access controls: Restrict access to the data to only those employees who need it.
d. Apply a limited retention policy
Data retention must be time-limited: keep phone numbers only as long as they are needed for your campaigns. If a recipient unsubscribes, remove their details from your database promptly.
The GDPR is not an obstacle but an opportunity to strengthen customer trust and build lasting relationships. By adopting transparent practices and respecting user rights, you improve your company’s reputation and increase the effectiveness of your SMS campaigns.
Our TextingHouse SMS sending platform fully meets GDPR requirements and French legislation by, among other measures, automatically including a STOP option and integrating the sender’s name.