| SMS is an incredibly powerful communications tool. | | | | • if you are using SMS for marketing to |
| After all, most of us carry our mobile phone with us | | | | individuals who are not customers, i.e. prospects, then |
| at all times and the Mobile Data Association reports | | | | the rules are much stricter - you will need their |
| that the UK sends 265m text messages every day ! | | | | express permission to do so - they must opt-in |
| It's therefore not surprising that more and more | | | | • if you are using SMS for marketing to |
| companies are using SMS for business messaging - to | | | | businesses, even if you do not have a relationship |
| talk to existing and potential customers, staff and | | | | with them, they don't need to give you consent, but |
| suppliers. | | | | you do need to give them the ability to opt-out. |
| But with this power comes responsibility. | | | | Whether you are using SMS for marketing, or just as |
| There are two main pieces of legislation covering the | | | | part of your day-to-day service communications with |
| use of SMS for business ; | | | | your customers, staff and suppliers, there are still |
| • Privacy and Electronic Communications (EC | | | | some general rules which you must abide by. These |
| Directive) Regulations 2003 | | | | are common sense and may actually help ensure |
| • Data Protection Act 1998This legislation is | | | | your texts are more favourably received - after all |
| enforced by the Information Commissioner and a | | | | what business wants waste money or annoy its |
| breach of these laws is a criminal offence. | | | | customers, staff or suppliers ? |
| But complying with this legislation is relatively | | | | • collect data lawfully and fairly and keep it |
| straightforward, as long as you follow a few basic | | | | accurate and up to date |
| rules. Most of the legislation is around the use of | | | | • ensure that data is held confidentially and |
| SMS for marketing and concerns marketing consent - | | | | transferred securely |
| which is whether or not you have permission to | | | | • make sure that your messages clearly display |
| contact an individual or organisation to promote your | | | | your sender ID and contact details |
| brand, goods or services. | | | | • when a customer or company states that they |
| • if you are using SMS for marketing to existing | | | | wish to opt-out, act upon this promptly |
| customers, you can promote any of your products | | | | • ensure that the data is not kept for longer than |
| and services which are similar or related to those | | | | it is needed. To get more information and to ensure |
| they already have with you. These customers should | | | | that you are correctly registered to process personal |
| though be given the opportunity to opt-out of | | | | data visit the Information Commissioner's Office. |
| getting such messages | | | | |