A review of the EC directive for SMS marketing
SMS marketing is considered an electronic form of communication. That means its use is governed by the Privacy and Electronic Communications (EC Directive) Regulations. It may sound scary, but it really isn’t that hard to understand. However, in light of my last blog I thought it worthwhile to go over the basics of the EC Directive to help you better understand what you can and can’t do with your SMS marketing.
In the warning the ICO issued to Optical Express discussed in the last blog, several key paragraphs from the EC Directive are quoted. They basically say that no one can send unsolicited messages to any individual without prior consent. It then goes on to state three criteria used to determine what consent means (from Regulation 22):
“A person may send or instigate the sending of electronic mail for the purposes of direct marketing where –
(a) that person has obtained the contact details of the recipient of that electronic mail in the course of the sale or negotiations for the sale of a product or service to that recipient;
(b) the direct marketing is in respect of that person’s similar products and services only; and
(c) the recipient has been given a simple means of refusing (free of charge except for the costs of the transmission of the refusal) the use of his contact details for the purposes of such direct marketing, at the time that the details were initially collected, and where he did not initially refuse the use of details, at the time of each subsequent communication.”
That is honestly a mouthful of words, but very important ones. Here’s a simple interpretation.
If you gather someone’s mobile number while you are selling them something, then you can be safe sending them marketing messages related to that sale. For example, if a customer purchases a house from you then you can send them marketing messages about other services you provide for home buyers. But you can’t send them marketing messages about buying cars or for special deals on a holiday in Australia. While these other things may be part of your business too, they don’t relate to the purchase they made from you initially.
In another example, if someone purchases a trip to Australia from you, you can freely send them information about their trip to Australia. You could also send them marketing messages about other trips you offer, though you do want to be sure to limit those to ones you know they are interested in. And if you do send marketing messages about other trips, part c above becomes very important. With every message you send them about the next trip, make sure they can opt out easily with a simple reply message.
Following these guidelines should keep you within the law, and also help you keep happy customers. And happy customers keep coming back, whatever business you’re in.
SMS Marketing, also known as test message marketing, is one of today's most powerful and cost efficient marketing tools when used correctly and offers endless opportunities with a little creativity added to the mix. However, whether careless or intentional, some mistakes can be harmful to your brand and reputation - as well as leaving you in legal trouble in certain circumstances. Luckily, this is extremely rare and it is easy to stay safe and make sure your SMS Marketing is an all round success. In this article, we look at come examples of how not to do things and offer our advice for ensuring your campaigns are effective and profitable.
Over the last month or so I've signed up for quite a lot of webinars. I'm always trying to learn more about technology, marketing, best practices – you get the idea. So I've been excited to see many organisations offering SMS reminders for webinars. But there is one experience I had with an SMS reminder for a webinar that I simply had to share.
As with anything in business, there are rules and regulations that need to be followed. Some of the key ones are laid out in the UK Privacy and Electronic Communications Regulation (PECR) - and while this can seem like a daunting document at first, it doesn't need to be...
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Is SMS marketing the worst idea ever? That’s the opinion of one author in Entrepreneur Magazine. He gives five reasons why companies should never bother sending SMS messages to customers. I take him on, point by point to show why he’s wrong and SMS marketing is the best idea ever.