Sending SMS in the UK is subject to several regulations. One violation and you can end up with a fine of a whopping £500,000.
Your SMS must comply with the UK’s data protection laws. From taking your customers’ consent to sending SMS only during approved hours – you must follow every rule.
For this, you must first thoroughly understand the rules.
But we realize that some laws can seem complicated.
So allow us to simplify them for you.
In this blog, we explain – in simple words – the regulations and rules for sending SMS in the UK.
Let’s dive in.
Also read: SMS Regulations You Must Know to Send SMS in the USA
What are the SMS regulations in the UK you should know?
Here we highlight the regulations guiding SMS messages in the UK. And the top 5 regulations you should know are:
- Get express consent
- Provide the option to opt-out
- Privacy and data protection
- Offer clear sender identity
- Send SMS during approved hours
Let’s discuss each of them.
Get express consent
This one is the most important for your business. Never SMS someone without first getting their express consent.
Let’s say your customers subscribe to your email list. They share their contact details with your business through a sign-up application.
But even then, you cannot send them SMSes.
Do you know why?
That’s because the sign-up application does not include a consent note for your customers to receive SMS from your business.
The consent note must clearly state that the person accepts to get marketing messages from your business at their mobile number.
You can get your customer’s consent in writing through a physical or a digital signature.
Or you can use the common SMS opt-in option. In this, your customer gives you their phone number and permits you to send them SMS.
And that’s not all. The government also wants you to give your customers the choice to opt-out.
Provide the option to opt-out
Opting-out from receiving message from your business is your customer’s right.
That’s why your customers must always get the option to opt-out of receiving unsolicited marketing messages.
Here’s how you can give your customers a choice to opt-out:
- Reply STOP: Let your customers know via SMS that they can reply ‘STOP’ to opt out. This is for SMS with a numeric sender ID, which contains numbers and your brand name will appear automatically. In this case, recipients see the sender as a number, such as 0123456789.
- Unsubscribe link: You can share a link to unsubscribe from SMS with an alphanumeric sender ID. Alphanumeric sender IDs use letters, which is your business name, rather than numbers. This allows receivers to identify your business as the sender.
- Contact details: Add your customer service contact number in the SMS. So that your customers can unsubscribe from SMS by calling your team.
You must always respond to the customer’s choice for withdrawing consent and opting out of receiving SMS.
Privacy and data protection
SMS regulation in the UK aims to protect the privacy and data of customers.
Under the new rules, you must encrypt all the SMSes and get the explicit consent of individuals before sending them marketing SMS.
The new regulations also impose strict requirements on businesses regarding the security and storage of data and SMS. The new rules bind businesses to store the data securely and delete it after a specific period.
Offer clear sender identity
The law binds you, as a business, to share your identity while sending SMS to your customers.
This is slightly different for brands with an alphanumeric versus a numeric header.
- With an alphanumeric sender ID, your customers can easily check that your brand is messaging them.
- If you use a numeric sender ID at the start of the text, your brand name will appear automatically.
Send SMS during approved hours
No one likes to get disturbed in the middle of the night by a marketing SMS notification on their phone.
That is why there are ‘quiet hours’ that all businesses must abide by for sending marketing SMS in the UK.
Businesses cannot send SMS marketing messages in the UK before 9:00 a.m. or after 8:00 p.m. So that your customers do not get disturbed during sleeping hours.
All these rules fall under the UK’s three major SMS regulatory laws. Here’s all that you must know about these laws.
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What are the major regulations laws for sending SMS messages in the UK?
The rules for sending SMS focus on the following three key regulatory laws in the UK:
- Data Protection Act
- General Data Protection Regulation
- Privacy and Electronic Communications Regulations
Now here’s the big question.
How can your business comply with these laws, and what’s the difference between the three?
Let’s find out.
1. Data Protection Act
The Data Protection Act (DPA) governs how businesses can keep and use customers’ personal data. DPA ensures that businesses handle customers’ personal data in a fair and legal way.
Under this act, businesses can only keep customers’ data when they permit. Also, businesses cannot keep the data for longer than it is necessary.
2. Privacy and Electronic Communications Regulations
If your business sends SMS in the UK, you must know the nitty gritty of Privacy and Electronic Communications Regulations (PECR). And ensure that you comply with the regulations.
The PECR gives your customers the right to opt out of getting direct marketing SMS. Businesses cannot send SMS to individuals who do not give them the permission.
There are many exceptions to this rule.
Here are two scenarios.
First, you send SMS under a contractual obligation. Second, your customer previously expressed interest in receiving similar communications from you.
But even in these cases, businesses must still allow individuals to opt out of receiving SMS messages whenever they want.
PECR also provides customers several other rights related to electronic communications. This includes the right to get personal data removed and the right to object to personal processing data.
The PECR also restricts how businesses can use personal data collected via SMS. For example, you must ensure your customers know how you will use their data. The law also binds you to use the data only for the reason your business collected it.
3. General Data Protection Regulation
General Data Protection Regulation (GDPR) is the last one on the list.
GDPR is a set of legislative laws that govern the handling and protection of personal data in the UK. It provides strict guidelines to businesses on ensuring their customers’ privacy.
These guidelines include obtaining explicit consent from individuals before collecting, storing, or using their data for SMS.
If you’re an SMS provider, this means getting explicit consent from individuals before sending them marketing messages. The GDPR will also require SMS providers to keep records of consent and allow individuals to opt out of receiving messages at any time.
GDPR also binds businesses to keep the data of these customers secure and protected from unauthorised access.
The ignorance to comply with the GDPR results in fines of around 4% of a company’s global annual revenue or €20 million (whichever is greater). With the GDPR coming into effect soon, SMS providers need to ensure they comply with this new regulation.
Also Read: The Best Text Message Service Providers in The UK
What are the penalties for violating SMS regulations in the UK?
These regulations for SMS marketing protect your customers’ data. It is their right to know what they are signing up for.
The implementation of these regulations helps customers trust businesses with their personal data. Also, the laws ensure that businesses protect their customers’ private data.
So in a way, these text marketing laws shield your customers.
That is why following these SMS regulations is crucial.
It isn’t difficult either. Just follow the rules to ensure that your business complies with the regulations.
This way, you can guard your business against fines for violating laws and keep your customers’ privacy.
Still got queries in your head related to these laws?
We got you covered. Let’s go over some of the most common queries related to SMS laws and rules.
What are the best practices for sending SMS messages in compliance with UK regulations?
Based on the UK’s rules governing SMS messaging, here are some best practices that will help you should adhere to them.
- Be clear and concise: Ensure your message is easy to understand and provides real value to your audience.
- Have a straightforward opt-in process: Get your audience’s consent with clear information about what your audience should expect from you.
- Be recognizable: The fewer sender IDs you use, the better.
- Be transparent: Ensure you are transparent about how you’ll use their personal information.
- Ensure customer security and privacy: Choose a secure SMS service provider to keep you and your customer’s information safe.
- Embrace acceptable timing: Send messages during the day without being intrusive or spammy.
- Respect DND registrants: Don’t text users on do-not-call or do-not-disturb registries
What are the rules for sending marketing and transactional SMS messages in the UK?
Here is a quick summary of the promotional and transactional SMS rules in the UK.
| Regulation | |
| Time | Do not send marketing SMS messages after 8:00 p.m or before 9:00 a.m |
| Sending to DND | Not allowed |
| Sender ID | Use a Sender ID that is related to the content of the message. |
| Template registration | Not required |
| Requesting consent | Required. And when requesting consent, your message must include information on: the purpose of the SMS messages, how frequently they’ll be sent, and how customers can opt out of receiving them. |
| SMS opt-out | Companies must send a STOP confirmation message to the consumer to confirm the opt-out. With the words “You have opted out. You will not receive additional messages.” |
| Message length | The recommended length is 160 characters |
Practice compliant SMS marketing with SMSCountry
You are now well-versed in all the regulations of SMS in the UK.
Your business won’t land in any legal trouble if you follow all these laws that we shared with you.
Develop your SMS strategy keeping in mind all these stringent regulations and you can run SMS campaigns without hiccups.
Got more questions?
You can reach out to us at SMSCountry for help.
SMSCountry strives to offer simple-to-integrate SMS solutions for your business.
Contact our team now to get help abiding by SMS marketing laws. Our team can resolve your queries related to SMS marketing and its regulations in the UK.
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FAQs for SMS regulations in the UK
Below are the most frequently asked questions related to the SMS regulations in the UK.
What are the UK SMS regulations?
The UK SMS regulations are guidelines that govern the sending and receiving of text messages in the UK. These laws protect your customers (the public) from fraud and abuse. Not just that, these regulations also help businesses, such as yours, send and receive SMS through a safe and secure system.
The UK SMS regulations apply to who?
The UK SMS regulations apply to all businesses and individuals who send or receive text messages in the country. It includes businesses that send marketing, promotional, transactional, and customer service messages.
What are the main requirements of the UK SMS regulations?
Your business must fulfil the following requirements under UK SMS laws:
- Businesses must get the recipient’s consent before sending them any SMS.
- All businesses must clearly identify themselves in the SMS.
- Businesses must also provide a way for recipients to opt out of receiving further SMS.
- You must follow the DPA when handling the personal data of your SMS recipient (your customer).
What are the penalties for non-compliance with UK SMS regulations?
Your business can face severe penalties and fines of up to £500,000 for non-compliance with the UK SMS regulations. Your business can face civil action from any individual for sending them text messages without their consent.
What’s the difference between GDPR, DPA, and PECR?
The PECR focuses only on electronic marketing. This includes rules for SMS, emails, marketing calls, faxes, and website cookies.
The GDPR and DPA revolve around how businesses process and protect customers’ data.
What UK mobile networks feed into compliance laws?
The shortcode management group consists of four UK mobile network operators:
- Telefonica UK Ltd
- Hutchison 3G Ltd
- Vodafone UK Ltd
- EE
To comply with these laws and regulations, mobile networks must put in place robust data security policies and procedures. And train their employees for a better understanding of protecting customer data.
What happens if I violate the rules – accidentally, of course?
The Information Commissioner’s Office (ICO) investigates the violations.
The ICO examines the business to check the total number of complaints and other information. The ICO decides the next step depending on what they discover.
Take this for an example.
Let’s say you send your customers SMS without screening them against the list of recipients who opted out.
You may not get in trouble if this happened only once or due to a technical or procedural problem. The ICO may warn you to enhance your message processing.
But beware – the ICO might return to inspect and check whether you took the necessary steps following their warning.
Remember that every time you violate the rules, the ICO will take extra action each time in the form of hefty fines. You can get penalties for intentional transgressions.
Can I skip getting consent for SMS if my customers already gave consent to receive an email?
No.
Just because your customers shared their mobile numbers while signing up for emails does not mean you can send them SMS as well.
Your business must explicitly ask the customers for their consent to send them text messages.
This is vice versa.
Just because your customer permits you to send them SMS does not mean they allow you to receive emails from you.
Is SMS marketing illegal in the UK?
No, SMS marketing is not illegal in the UK, but cold texting your customers without their consent can result in fines and punitive actions.
What is the role of the Information Commissioner’s Office (ICO) in regulating SMS messaging in the UK?
The role of the ICO is to protect the data and privacy of individuals in the UK. They regulate data protection, freedom of information and environmental information matters, including SMS messaging.
How do I obtain consent from recipients before sending SMS messages?
You can get consent from your customers by asking the customer via email, text, a website form, or a hardcopy form. If the customer initiates the texting, then consent is implied.
What is the maximum number of SMS messages that can be sent daily from a single phone number?
This depends on your SMS service provider.
What is the maximum length of an SMS message in the UK?
The maximum length of an SMS is 160 characters. If your SMS contains variables, emojis or other Unicode characters, then the text limit may be reduced.
Can I send SMS messages to phone numbers registered on the Telephone Preference Service (TPS)?
Yes, you can, if you have received consent from the customer. TPS can prevent receiving marketing voice calls but not SMS (text) messages.
How can I ensure that my SMS messages are delivered to all recipients?
Use a reliable bulk SMS platform, use the appropriate sender ID, and avoid sending spammy and repetitive messages.
What are the guidelines for sending SMS messages in different languages?
There are no guidelines. It totally depends on the bulk SMS platform you are using.
Can I send SMS messages to customers outside of the UK?
Yes, you can, but you must ensure that your SMS provider has international messaging capabilities and that you comply with the regulations of the country you are sending messages to.
Is cold SMS legal in the UK?
Cold SMS is NOT legal in the UK, except it’s an SMS asking for consent.
Does GDPR cover SMS?
Yes, text messaging falls under the coverage of GDPR. And when texting your customers in the UK, you have to ensure that you are GDPR compliant.
What are the guidelines for sending SMS messages to customers in the European Union (EU)?
- Obtain consent from customers before sending them text messages.
- Provide clear information about the purpose of the text messages and how customers can opt-out.
- Send text messages at reasonable hours of the day.
- Respect customers’ opt-out requests and stop sending them text messages.
- Keep messages short and concise so it’s easier for customers to read and respond.
- Make it easy for customers to opt out of text messages by replying with a simple keyword, such as “STOP.”
What is the difference between a marketing SMS and a transactional SMS in the UK?
The difference between a marketing SMS and a transactional SMS is the purpose of the message. Marketing SMSes are sent to promote a product or service, while transactional SMSes are sent to provide information or updates about a product or service that a customer has already purchased or uses.
How can I report unsolicited SMS messages or spam to the ICO?
You can report spam messages and calls on the ICO website, report to your telecom operator, or forward spam text messages to 7726.
Are there any exceptions to the SMS regulations for government agencies or emergency services?
Yes, there are exceptions in the following situations:
- Emergency: to warn citizens about an impending natural disaster or other emergencies.
- Public safety: to provide citizens with important information about how to stay safe during an emergency.
- Law enforcement: to provide citizens with information about law enforcement activities.
- Public health: to provide citizens with important information about public health.
- Voter registration: to remind citizens to register to vote or to vote in an election.
- Taxes: to remind citizens about tax deadlines or to provide information about tax breaks or credits.
How can I obtain a shortcode for SMS messaging in the UK?
You can get a UK shortcode through your SMS service provider. They will apply on your behalf and obtain it for you after you give them the required details.
How can I stay updated on changes to SMS regulations in the UK?
Here are some simple steps you can take to stay updated on changes to SMS regulations in the UK:
- Sign up for newsletters from regulatory bodies.
- Follow regulatory bodies on social media or subscribe to their RSS feeds.
- Keep an eye on industry news websites.
- Engage with industry peers and attend relevant events.
How much is SMS in the UK?
The cost of SMS in the UK varies depending on your chosen SMS service provider.
Does SMS marketing work in the UK?
Yes, SMS marketing works in the UK. That’s why it is heavily regulated by the Information Commission Office (ICO).
How can I send bulk SMS in the UK?
To send bulk SMS in the UK, you must register with a bulk SMS service provider, like SMSCountry, and use their platform. You can also integrate the bulk SMS service on your website or mobile app, depending on what you are using the bulk SMS for, and the provider you choose.
When was SMS introduced in the UK?
SMS was introduced in the UK in 1992 when Neil Papworth sent the first SMS message to Richard Jarvis, a director of Vodafone, on 3 December 1992. His message read “Merry Christmas”.
SMS quickly became popular in the UK, and by 1997, there were over 10 million SMS users in the country. SMS is now one of the most popular forms of communication in the UK, with over 90% of adults owning a mobile phone that can send and receive SMS messages.
Disclaimer: The information contained in this blog is only for general guidance on compliance. Though we ensured that the information contained here had been obtained from reliable sources, SMScountry.com is not responsible for any errors or omissions or for the results obtained from using the information found in this article. It shall be the sole responsibility of Users of SMScountry.com’s services to familiarise themselves with all applicable laws, regulations and codes of conduct to which they may be subject and to ensure compliance therewith.
