Navigating the rules around SMS messaging can be challenging. Each country has its own regulations, and understanding them is key to maintaining compliance. This guide will break down the essentials you need to know.
What Is SMS Compliance?
SMS compliance involves adhering to legal and regulatory requirements when sending messages to your customers. These requirements differ across countries and can cover everything from when you send messages to the type of content you include.
For instance, did you know that businesses in France are prohibited from sending SMS messages on Sundays? Or that in Malaysia, every SMS must include a header clarifying that recipients won’t incur charges for receiving the message?
Ensuring compliance may seem daunting due to varying laws and carrier policies, but ignoring them could lead to blocked messages, reputational harm, lost revenue, or even fines.
This guide is here to help by summarizing common global SMS compliance principles before diving into regional specifics. Please note that this content is for informational purposes only and does not constitute legal advice.
Key Global SMS Compliance Rules
1.⁠ ⁠Opt-In and Opt-Out
  • Most countries require explicit consent (opt-in) before sending SMS messages.
  • Implied consent, such as a pre-checked box during a purchase, is generally not acceptable.
  • Businesses must provide an easy and free way for recipients to opt out, such as a link or reply option.
2.⁠ ⁠Sender Identification
  • Sender IDs allow businesses to display their name in the recipient’s inbox instead of a random number.
  • However, in many regions, Sender IDs must be pre-registered to prevent fraud or duplication.
3.⁠ ⁠Message Content Restrictions
  • Different rules apply to marketing and transactional messages.
  • Content related to gambling, drugs, adult themes, political topics, and religion is often restricted or banned.
  • SMS messages are typically limited to 160 characters. In some regions, messages exceeding this length may be truncated or discarded.
5.⁠ ⁠Sending Times
  • Many countries restrict SMS sending to specific hours (e.g., 8 AM–8 PM).
  • Some countries impose additional restrictions, such as banning messages on Sundays.
6.⁠ ⁠Do-Not-Contact Registries
  • Many countries maintain registries where consumers can opt out of receiving business communications. Ignoring these registries can result in penalties.

Regional SMS Regulations

United States
  • Registration: All SMS programs must be registered. Unregistered traffic is prohibited.
  • Content: Promotions for gambling, drugs, alcohol, firearms, and some financial products are banned.
  • Opt-In: Messages can only be sent to users who have explicitly opted in.
  • Two-Way Messaging: Customers must be able to reply (e.g., “STOP” to opt out, “HELP” for assistance).
  • Legislation: The TCPA governs SMS compliance, with additional guidelines set by CTIA and individual carriers.
Europe
  • GDPR Compliance: Consumers must explicitly consent to receive messages.
  • Opt-Out: All messages must include a free, easy opt-out method (e.g., replying “STOP”).
  • Content Restrictions: Marketing messages must adhere to strict privacy laws, and GDPR violations can lead to significant fines.
Asia-Pacific (APAC)
China
  • Marketing messages promoting real estate, stocks, loans, gambling, and more are prohibited.
  • Businesses must register Sender IDs, templates, and licenses.
India
  • Businesses must use Distributed Ledger Technology (DLT) to prevent unsolicited messages.
  • Promotional messages are restricted to specific hours (10 AM–9 PM).
Indonesia
  • Gambling, religious, and racial content is banned.
  • Sender IDs must be registered and limited to one per business unless otherwise approved.
Australia
  • Strict restrictions apply to political, religious, and gambling-related messages.
  • Opt-in and opt-out mechanisms are mandatory for all communication.
Best Practices for SMS Compliance
To ensure compliance and protect your business:
  1. Secure Consent: Always obtain explicit permission before sending messages.
  2. Verify Content: Ensure your messages comply with local regulations.
  3. Respect Timing: Avoid sending messages outside permitted hours.
  4. Register Properly: Pre-register your Sender ID and message templates where required.
  5. Provide Opt-Out Options: Make it easy for recipients to unsubscribe from your messages.
At our company, we have extensive experience in global SMS delivery and compliance. Our platform is designed with compliance in mind, supported by a network of local experts who stay on top of ever-changing regulations. Let us help you navigate the complexities of SMS compliance effortlessly.