In France, sending professional SMS messages is subject to extremely strict legislation. If you decide to adopt professional SMS as a communication channel, it is essential that you take this into account. Doing so will help you avoid potential sanctions, which can be extremely costly.

Read on to discover the various compliance rules for professional SMS.

The STOP requirement

The STOP requirement was originally introduced to combat spam. The principle is simple: a contact can choose to unsubscribe from your SMS communications by texting STOP to xxxxx. This contact will then be removed from your contact database, and you will no longer be permitted to send them SMS communications.

GDPR guidelines require SMS senders to include the STOP option in their messages to protect consumers.

It should be noted, however, that the "STOP" requirement does not apply to purely informational messages. This includes appointment confirmations, reminders, alerts, verification codes, and similar communications.

Today, many SMS sending platforms like Octopush offer an opt-out feature. SMS STOP management is handled automatically, minimizing the risk of sanctions.

Opt-in contacts and GDPR compliance

Following what has been said, you likely understand that it is strictly forbidden to send professional SMS messages to individuals who have not explicitly agreed to receive them.

Generally, when signing up on a platform, consent is given via the checkbox after filling out a digital form. This is known as the opt-in principle. Note that a contact automatically becomes opt-in once they become a customer.

Of course, GDPR compliance is much more complex. However, it can be summarized by the obligation to:

• Maintain an opt-in database (contacts who have given their consent to receive communications).
• Adhere to data protection and privacy rights principles.
• Obtain consumer consent for sending professional SMS messages.
• Provide contacts with an easy way to unsubscribe.

Finally, another GDPR clause specifies certain restrictions for promotional SMS. It is strictly forbidden to send promotional SMS messages from Monday to Saturday between 8:00 PM and 8:00 AM, as well as on Sundays and public holidays. Failure to comply can result in heavy penalties.

Other professional SMS compliance rules

Furthermore, it is important to note that if you maintain a database of SMS contacts, you must register it with the CNIL. For more information on this subject, please visit their website.

Finally, regarding message content, the distribution of offensive, discriminatory, hateful, or pornographic content is strictly prohibited. Your company name must also be clearly indicated in your SMS messages.