GDPR: Here’s What You Need to Know for Your SMS Messaging
The effort to protect individuals’ information began way back in 1981 when the Council of Europe Convention 108 voted to make it a priority. Fast forward to 2016, and the General Data Protection Regulation (GDPR) was approved by the EU to bring the concept into the modern era.
Even though the UK voted to exit the union, it’s been made clear that the UK intends to follow the GDPR. It sets the highest standards for protection and gives control to the individual over how you use their data. It’s set to take effect in May 2018.
In preparation, the Information Commissioner’s Office (ICO) has started publishing guidance on how businesses and organisations will be impacted. If you’re using SMS messaging, you’re already aware that you need permission before contacting anyone. One of the major aspects of the GDPR is the changes for obtaining consent.
Right now, there are two different opt-in options: soft and hard. It appears that the soft opt-in may not be allowed and there are additional requirements for hard opt in. Here are some of the highlights from the ICO documentation so far:
“Consent requires a positive opt-in. Don’t use pre-ticked boxes or any other method of consent by default.”
“Keep evidence of consent – who, when, how, and what you told people.”
These tie into the updated definition of consent shown here:
They sum it up as follows: “In essence, there is a greater emphasis in the GDPR on individuals having clear granular choices upfront and ongoing control over their consent. “
The Good News
The changes aren’t all bad news. It turns out that if you’re already complying well with the existing Data Protection Act, then you’re in good shape. That doesn’t mean you don’t need to take steps though.
The ICO released a twelve step checklist for organisations to use in the coming months to work towards compliance. The GDPR involves more than just consent and touches on all the gathering and processing of personal data.
Another potential positive side effect of the GDPR is that the more stringent opt-in requirements mean that you’ll have less “casual” people on your SMS lists. People need to be more deliberate in giving their permission, which means those that do may be more motivated to take action.
So whether you are running an SMS marketing list or a list for a non-profit, it means you’ll have more success. Your ROI, however you measure it, should improve.
More Information
The ICO is maintaining a webpage with links to their blog, events, and latest publications on the GDPR. You can check it for updates, or sign up for their newsletter.
Our account managers and support staff are also ready and able to address any questions about the changes too. Feel free to contact us via Live chat, email or phone.
Related Articles
ICO issues a huge fine for massive illegal SMS campaign
ICO, the Information Commissioner's Office, has recently imposed a huge fine on direct marketing company Help Direct UK for sending illegal SMS messages.
Proof SMS Messaging Gets Results: Giveaways and Contests
Companies use contests and giveaways all the time. It turns out that doing them over SMS messaging works really well, and offers some advantages over other channels. Read our blog to see the types of results various companies achieved when using SMS giveaways.
Why you want to keep your SMS marketing database clean
5 Ways To Ensure Your SMS Marketing is GDPR Compliant – [Infographic]
5 Key Points to Ensure Your SMS Marketing is GDPR Compliant
3 Compliance Tips for Your Next SMS Marketing Campaign
When conducting an SMS marketing campaign, there are a number of compliance regulations you should be aware of, to ensure that your communications are as effective as possible, without being potentially damaging to your campaign or your business. If you're marketing to a UK market, the UK Privacy and Electronic Communications Regulations (PECR) gives clear guidelines on what falls within the rules. Here we've highlighted some key tips to ensure your next campaign is compliant, based on common questions that arise.
Small Businesses Can Succeed with SMS Marketing
Is SMS marketing a viable strategy for SMEs to grow their businesses? A recent article by a US SMS provider suggests not but we debunk that view. Read how and why Fastsms can help small businesses can succeed with SMS marketing without breaking the bank.
Here’s Why SMS Marketing Is Literally The Best Idea Ever
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.
SMS Marketing – A Brief Guide to the Data Protection Act 1998
Any UK business that collects, stores and uses other people’s personal data for purposes such as marketing and selling is subject to the rules of the Data Protection Act, and those using SMS marketing are no exception. Having a basic understanding of the DPA legislation and its main requirements is useful to maintain best practice in direct marketing such as SMS marketing and also helps to uphold your hard won customer trust - as well as avoid the potentially costly consequences of falling foul of the law. Read this article to learn how to avoid the simple pitfalls and get your SMS marketing campaign off to the right start.