Updated 19th March 2018
From Argentina to the USA we have put together a library of compliance, marketing and privacy documentation so you can stay up to date with the rules and regulations in the countries you are sending communications to.
Please remember however, that the following information is not intended to constitute (nor does it constitute) legal, compliance or professional advice of any kind.
The guidance below is an outline of the messaging, marketing and privacy rules in the chosen destination.
Due to the dynamic nature of technology and the messaging industry, the Messaging Compliance Rules are constantly evolving and adapting to keep pace with the changes. As a result, we may update these Messaging Compliance Rules from time to time by publishing an updated version on our website or elsewhere as we determine.
| Messaging | Marketing & Privacy | |
|---|---|---|
| Argentina | Article 27 Personal Data Protection Act 25,326 | |
| A Article 27 Decree Regulation of the Personal Data Protection Act 1558/2001 | ||
| DPA Disposition 4/2004 | ||
| AMDIA (i.e. a local marketing association) registered its code of conduct with the Argentinean Data Protection Authority. So its members do not need to register the database with the DPA but with AMDIA. | ||
| DPA Disposition 4/2009 | ||
| Do Not Call Registry Act 26,951 | ||
| Decree Regulation of the Do Not Call Registry Act 2501/2014 |
| Messaging | Marketing & Privacy | |
|---|---|---|
| Australia | Mobile Premium Services Industry Code (C637:2011) | Spam Act 2003 |
| Competition and Consumer Act 2010 (in particular Schedule 1 Australian Consumer Law) | ||
| Privacy Act 1988 (in particular Schedule 1 Australian Privacy Principles) | ||
| Codes and Initiatives administered by the Advertising Standards Bureau | ||
| Telecommunications Consumer Protections Code Industry Code (C628:2015) (in particular Chapter 4 Consumer Sales, Service and Contracts) | ||
| Do Not Call Register Act 2006 (applies to voice call and faxes only) |
| Messaging | Marketing & Privacy | |
|---|---|---|
| Austria | Austrian Data Protection Act | |
| Austrian Telecommunication Act (Sec 107 – SPAM provision; strict opt-in provision for B2B as well as for B2C – prior consent for direct marketing and electronic marketing as well as mass messages necessary) | ||
| Austrian Media Act (Sec 24 and 25 – mandatory information duties for frequent messages) | ||
| Austrian E-Commerce Act (Sec 5, 6 and 7 – mandatory information duties) | ||
| Austrian Act Against Unfair Competition (aggressive commercial practice pursuant to no 26 of Annex I) | ||
| Robinson List (do-not-contact list pursuant to Sec 7 E-Commerce Act; operated by the Austrian Regulatory Authority for Broadcasting and Telecommunications (RTR)) | ||
| Information on specific advertising restrictions (provided by the Austrian Economic Chamber (WKO)) |
| Messaging | Marketing & Privacy | |
|---|---|---|
| Belgium | Article XII.13 of the Code of Economic law (consent rules) | |
| Royal Decree of 4 April 2003 on e-mail marketing (exemptions from consent rules) | ||
| GOF (GSM Operator’s forum) Guidance (best practice rules for GOF members) | ||
| Articles VI.111 to VI.115 of the Code of Economic law (screening against do-not-call registers and opt-out solutions) | ||
| Article VI.110 of the Code of Economic law (unsolicited calls) | ||
| Article XII.12 of the Code of Economic law (general rules on marketing messaging) | ||
| Book VI of the Code of Economic law (general rules on trade practices and consumer protection) | ||
| Data Protection Act 1992 and implementing Royal Decree 2001 | ||
| Recommendation of the Belgian Data Protection Authority regarding direct marketing | ||
| Non statutory Robinson list of the Belgian Direct Marketing Association |
| Messaging | Marketing & Privacy | |
|---|---|---|
| Brazil | Articles 18, 19, 20, 33, 36, 39 and 49 of the Brazilian Consumer Code | |
| Brazilian self regulatory code of advertising – National Council for Advertising Self-Regulation (Conar) | ||
| Federal Decree No. 7.962 (March 2013) | ||
| Article 6, XXIV of the personal mobile service regulation – Annex to regulation 477 (August 2007) – National Telecommunications Agency (Anatel) | ||
| General regulation 632 of consumer rights on telecommunications service (March 2014) – National Telecommunications Agency (Anatel) | ||
| Directive Release No. 039/2012/PVCPR/PVCP – National Telecommunications Agency (Anatel) |
| Messaging | Marketing & Privacy | |
|---|---|---|
| Bulgaria | Electronic Commerce Act (promulgated, SG No. 51/23.06.2006, last amended, SG No. 105/29.12.2011) – lays down provisions regarding unsolicited commercial communication, including unsolicited SMS text messages, establishing an opt-in regime as regards the consumers (more specifically Art. 6 thereof) | |
| Electronic Communications Act (promulgated, SG No. 41/22.05.2007, last amended, SG No. 24/31.03.2015) – regulates the direct marketing messaging and establishes an opt-in regime for consumers and an opt-out regime in respect of data collected on the basis of commercial transactions (more specifically Art. 257, Para 9 and Art. 261 thereof) | ||
| Protection of the Competition Act (promulgated, SG No. 102/28.11.2008, last amended, SG No.15/15.02.2013) – forbids the unfair solicitation of clients, as part of the prohibition for unfair competition (more specifically chapter 7 thereof) | ||
| Personal Data Protection Act (promulgated, SG No.1/4.01.2002, last amended, SG No.15/15.02.2013) – sets forth the right of the individuals to object against processing of their personal data for the purposes of direct marketing and obliges operators of personal data to file for registration under the law in order to process personal data |
| Messaging | Marketing & Privacy | |
|---|---|---|
| Canada | Canadian Common Short Code Application Guidelines (March 2015, Industry Self-Regulatory Code) | Canada’s Anti-Spam Legislation (federal legislation that creates rules for sending commercial electronic messages, including SMS) |
| Personal Information Protection and Electronic Documents Act (federal legislation that applies to the collection, use and disclosure of personal information in the course of commercial activity across Canada except in Alberta, British Columbia and Quebec) | ||
| Alberta Personal Information Protection Act (legislation that applies to the collection, use and disclosure of personal information in the course of commercial activity in Alberta) | ||
| British Columbia Personal Information Protection Act (legislation that applies to the collection, use and disclosure of personal information in the course of commercial activity in British Columbia) | ||
| Quebec Act respecting the protection of personal information in the private sector (legislation that applies to the collection, use and disclosure of personal information in the course of commercial activity in Quebec) |
| Messaging | Marketing & Privacy | |
|---|---|---|
| Chile | Chilean Consumer Protection Law (Law Nº 19.496) (e.g. Article 28B) | |
| Article 3 of the Chilean Data Protection Law (Law Nº 19.628) |
| Messaging | Marketing & Privacy | |
|---|---|---|
| China | Chapter II of Administrative Measures of Communication Short Message Services - Please note that the Administrative Measures of Communication Short Message Services has yet to become effective on 30 June 2015. | Chapter III of Administrative Measures of Communication Short Message Services - Please note that the Administrative Measures of Communication Short Message Services has yet to become effective on 30 June 2015. |
| Article 29 of Consumer Protection Law | ||
| Article 18 of Administrative Measures of Online Trading | ||
| Article 7 of Decision of the Standing Committee of the National People’s Congress on Strengthening Information Protection on Networks |
| Messaging | Marketing & Privacy | |
|---|---|---|
| Colombia | Law 527 of 1999 – (Electronic Messages Regulation) | Law 1581 of 2012, Decree 1377 of 2013 – (Colombian Data Protection Regulations. Applicable to use of data for marketing purposes) |
| Colombian Communications Regulation Commission (“CRC”): Resolution 3501 of 2011 (Providers of content and applications (PCA) through SMS and MMS require registration) | Article 3 of Law 1480 of 2011, Colombian Consumer Protection Law – (rights of consumers, right to receive accurate information, and to be protected against misleading advertising) | |
| Colombian Communications Regulation Commission (“CRC”): Article 13 of CRC Resolution 3501 requires specific codes associated to different content | Article 23 et seq. Law 1480 – (specific information obligations to the consumer) | |
| Colombian Communications Regulation Commission (“CRC”): Paragraph of Article 22 of CRC Resolution 3501 – (Technical specifications for codes) | Article 23 et seq. Law 1480 – (additional obligations for E-commerce) | |
| CRC Resolution 3066 of 2011 – (Obligation of telecommunications companies to obtain prior authorization to use data for marketing / advertising purposes, complemented with Resolution 3501 of 2011) | ||
| Article 103.1 of CRC Resolution 3066 of 2011 – (Limitations to SMS with pornographic content) | ||
| Article 103.3 of CRC Resolution 3066 of 2011 –(Excluded Numbers Registry to avoid commercials and marketing SMS) | ||
| Article 103.6 of CRC Resolution 3066 of 2011 - (Marketing and commercial SMS can only be sent during specific time frame) | ||
| Article 30 of CRC Resolution 3501 – (Previous and express information required by user before receiving SMS, in addition to the consent obtained by telecommunications providers) | ||
| Article 32 of CRC Resolution 3501 – (Confirmation of consent from users required – second opt-in) | ||
| Article 35 of CRC Resolution 3501 – (Standard consumer service procedures mandatory for content and applications providers) | ||
| Article 36 and 37 of CRC Resolution 3501 – (Opt–out mechanism) |
| Messaging | Marketing & Privacy | |
|---|---|---|
| Czech Republic | Premium text messages: Self-regulatory Code of Conduct of Premium SMS/MMS (please cut and paste the following link in the URL bar of your browser: http://bit.ly/1Itk6rZ) | Article 7 of the Czech Act on Information Society (unsolicited communications, consent for direct marketing, opt-out for current customers under certain conditions) |
| Premium text messages: Article 3a of the Czech Consumer Code | Czech Act on Protection of Data | |
| Premium text messages: Article 38 of the Czech Act on Electronic Communications | Czech DPA comments on unsolicited communications |
| Messaging | Marketing & Privacy | |
|---|---|---|
| Denmark | Danish Telecommunication Act | Danish Marketing Practices Act (in particular § 6) |
| Framework Agreement on Mobile Content and Payment Services | Danish Data Protection Act (consolidated version from the Danish Data Protection Agency. Also available in English here) | |
| The Danish Consumer Ombudsman’s guidance paper on unsolicited commercial communications to targeted recipients | ||
| The Danish Consumer Ombudsman’s guidance paper on children, young people and marketing practice | ||
| Framework Agreement on Mobile Content and Payment Services | ||
| Danish Consumer Act |
| Messaging | Marketing & Privacy | |
|---|---|---|
| Egypt | Article (6) of the Egyptian Consumer Protection Law No. 67 for the year 2006 and Articles (8, 16, and 17) of the Executive Regulation of the Egyptian Consumer Protection Law issued by Ministerial Decree No. 886 for the year 2006 |
| Messaging | Marketing & Privacy | |
|---|---|---|
| Faroe Islands | Faroese Marketing Practices Act | |
| The Faroese Consumer Ombudsman’s guidance paper on good marketing on the telecommunications area | ||
| Faroese Data Protection Act (consolidated version from the Faroese Data Protection Agency. Also available as a Word document here) |
| Messaging | Marketing & Privacy | |
|---|---|---|
| Finland | Information Society Code (917/2014) (requirements for contents of messages) | Information Society Code (917/2014) (consent for electronic direct marketing and requirements for contents of messages) |
| Premium Services Standards | Personal Data Act (523/1999) (processing of personal data, right to prohibit direct marketing) | |
| Consumer Protection Act (38/1978) (consumer protection related matters) | ||
| Guidance issued by the Data Protection Ombudsman | ||
| Guidance issued by the Finnish Customer Marketing Association |
| Messaging | Marketing & Privacy | |
|---|---|---|
| France | Premium text messages: Self-regulatory code of conduct of SMS+ | Articles L34-5 and R10 of the French Code of Post and Electronic Communications (consent for direct marketing) |
| Premium text messages: Articles L. 113-3 et seq. of the French Consumer Code | Article L121-34 of the French Consumer Code (screening against Robinson list) | |
| LCEN (article 6. III, identification of the editor) | ||
| French Data Protection Act | ||
| Self-regulatory code of conduct from the French Mobile Marketing Association (June 2009) |
| Messaging | Marketing & Privacy | |
|---|---|---|
| Germany | German Data Protection Act | |
| German Act Against Unfair Competition (section 7) | ||
| German Telecommunication Act (in particular section 95) | ||
| German Telemedia Act (in particular section 13) | ||
| Common Guidance of German DPAs on the collection, processing and use of personal data for advertising purposes (September 2014) | ||
| Robinson list (not obligatory) | ||
| (Self-regulatory) Ethical Code of the German Dialogue Marketing Association (Der Deutsche Dialogmarketing Verband e.V. – DDV) |
| Messaging | Marketing & Privacy | |
|---|---|---|
| Hong Kong | Personal Data Privacy Ordinance (Part VIA on Direct Marketing – Sections 35A to 35M) | |
| Guidance Note on Direct Marketing | ||
| Unsolicited Electronic Messages Ordinance | ||
| Unsolicited Electronic Messages Ordinance (Part 2 Rules about sending Commercial Electronic Messages) | ||
| Do Not Call Register | ||
| Code of Practice on Sending Commercial Electronic Messages | ||
| Unsolicited Electronic Messages Regulation | ||
| Code for the Provision of Mobile Content Services delivered through SMS/MMS (if applicable) |
| Messaging | Marketing & Privacy | |
|---|---|---|
| India | See Generally, Telecom Commercial Communications Customer Preference Regulations 2010 |
| Messaging | Marketing & Privacy | |
|---|---|---|
| Indonesia | Minister of Communication and Informatics Regulation No. 21 of 2013 on Provision of Content Provider Service on Mobile Cellular Network and Wireless Local Network with Limited Mobility | The Financial Service Regulation No.1/POJK.07/2013 on Consumer Protection (Article 19) |
| Government Regulation No.82 of 2012 on Provision of Electronic System and Transaction (Unofficial English Translation) (Article 44) | ||
| Minister of Communication and Informatics Regulation No. 21 of 2013 on Provision of Content Provider Service on Mobile Cellular Network and Wireless Local Network with Limited Mobility (Article 21) |
| Messaging | Marketing & Privacy | |
|---|---|---|
| Italy | AGCOM Decision 42/13/CIR as amended by AGCOM Decision 131/14/CIR (rules for Calling Line Identification in the Enterprises Messaging Service (December 2014)) | Articles 25, 27, 41 of Italian Electronic Communications Code |
| Regulation on “Premium Services” – Ministerial Decree No. 145/2006 – Articles 15, 19, 24 (Regulation of “Premium Services”) | Article 130 of the Italian Data Protection Code, D.Lgs. 196/2003 (requirements to send out unsolicited electronic marketing communications, including SMS) | |
| Guidelines by the Italian DPA on Marketing and against Spam (detailed explanation of the rules applicable to e-marketing. An additional guidance available for consumers has been published on April 20th 2015) | ||
| Decision by the Italian DPA No. 2543820 (processing of personal data for direct marketing purposes) | ||
| Article 20 et seq. of the Italian Consumer Code |
| Messaging | Marketing & Privacy | |
|---|---|---|
| Japan | Articles 12-3 of the Act on Specified Commercial Transactions (English) | |
| Opt-in regulations under the Act on Specified Commercial Transactions (Japanese) | ||
| The Act on Regulation of Transmission of Specified Electronic Mail (English) | ||
| The Guidelines for Transmission of Specified Electronic Mail (Japanese) | ||
| The Act on the Protection of Personal Information (English) |
| Messaging | Marketing & Privacy | |
|---|---|---|
| Kenya | Procedures and Guidelines for the management of Telecommunications Short Codes and Premium Rate numbers in Kenya, Guideline 13 (advertising and promotions) | The Kenya Information And Communications (Consumer Protection) Regulations, 2010 (unsolicited communications, consents, opt-in) |
| Self-regulatory Code of Advertising Practice (direct marketing) | ||
| Guidelines for the Prevention of Transmission of Undesirable Bulk Political Content/Messages via Electronic Communications Network, 2012 (vetting of bulk political messages by mobile network operator, timings of transmission, opt in and consent) |
| Messaging | Marketing & Privacy | |
|---|---|---|
| Mexico | The Federal Law on Protection of Personal Data held by Private Parties (processing of personal data for marketing purposes) | |
| Regulations of the Federal Law on Protection of Personal Data held by Private Parties (processing of personal data for marketing purposes) | ||
| Guidelines by the Mexican DPA on the processing of personal data in debt collection activities (not mandatory; guidance for debt collectors) | ||
| The Federal Law on Consumer Protection (direct marketing, do not call lists) | ||
| Regulations of the Federal Law on Consumer Protection (direct marketing, in particular sections I and III) | ||
| Commerce Code (particularly second Title, section I) | ||
| Law of Protection and Defence of Users of Financial Services (article 8°; do not call list that only applies to Financial Institutions) |
| Messaging | Marketing & Privacy | |
|---|---|---|
| Morocco | Law No. 24-96 on the Post and Telecommunications (Art. 17) refers to Decree No. 2-97-1024 establishing the list of value-added services which refers to ITU recommendations X-400 and X500 | Law No. 24-96 on the Post and Telecommunications |
| Decree No. 2-97-1024 establishing the list of value-added services | ||
| Law No. 31-08 to enact consumer protection measures | ||
| Law No. 09-08 on the protection of individuals with regards to the data processing personal data | ||
| Law No. 53-05 on the electronic exchange of legal data |
| Messaging | Marketing & Privacy | |
|---|---|---|
| Netherlands | Article 11.7 of the Dutch Telecommunications Act (implementation directive 2002/58/EC, unsolicited communications) | |
| Dutch Data Protection Act | ||
| Information on unsolicited advertisement and direct marketing (Dutch data protection authority CBP) | ||
| Rules for senders of e-mails and FAQs (Dutch regulator ACM) | ||
| Advertising Code for text messages services (Advertisement Code Committee) |
| Messaging | Marketing & Privacy | |
|---|---|---|
| New Zealand | The Telecommunications Carriers Forum Mobile Messaging Code (note: the Code is not mandatory. However, under the Telecommunications Act, the Telecommunications Commissioner has the power to designate or specify telecommunications services if, for example, industry self-regulation is not effective) | Unsolicited Electronic Messages Act 2007 |
| Fair Trading Act 1986 | ||
| Privacy Act 1993 and Telecommunications Information Privacy Code | ||
| The Telecommunications Carriers Forum Mobile Messaging Code | ||
| Advertising Standards Authority Codes of Advertising Practice |
| Messaging | Marketing & Privacy | |
|---|---|---|
| Nigeria | The Nigerian Communications Act 2003 (NCA) provides a regulatory framework for the Nigerian communications industry | Guidelines on Short Code Operation in Nigeria – Section 6 requires, for all advertising promotional materials, service help messages to clearly display the consumers right to “opt in” or “opt out” of any promotion, programme or service, whether subscription based or otherwise |
| Guidelines on Short Code Operation (Guidelines) in Nigeria made pursuant to the NCA prescribe a standard of practice for providers of shorty code services | ||
| Section 5.4 of the Guidelines states that no content service should be promoted as being “free” if it is obtainable only by the use of premium rate service involving a charge to the customer | ||
| Section 5.5 of the Guidelines requires text message sent to short codes and received by consumers to be stored by the network operators and service providers for a period of six months or any period determined to be reasonable by the service provider, but not less than six months |
| Messaging | Marketing & Privacy | |
|---|---|---|
| Norway | The Marketing Control Act of 9 January 2009 no.2 section 12 (right to opt out of marketing by telephone), section 13 (effects of opt-out), section 14 (prohibition on telephone marketing at certain times), section 15 (restrictions on the use of certain methods of communication, such as sms) and section 16 (requirement of disclosure in connection with unsolicited marketing by telephone) | |
| The Consumer Ombudsman’s Guidelines on Regulations for Marketing by E-mail, SMS etc (MCA § 15) | ||
| The Electronic Commerce Act of 23 May 2003 no. 35 section 9 – the service provider’s duty to provide information in connection with electronic marketing | ||
| The Personal Data Act of 14 April 2000 no. 31 |
| Messaging | Marketing & Privacy | |
|---|---|---|
| Pakistan | PTA anti-spam regulation |
| Messaging | Marketing & Privacy | |
|---|---|---|
| Poland | Polish Data Protection Act | |
| Polish Telecommunication Act (in particular Article 172 and 173) | ||
| Act on Providing Services by Electronic Means (in particular Article 10) | ||
| Article 9 point 3 of the Act on Combating Unfair Market Practice | ||
| Q&As relating to personal data processing for marketing purposes available of the Polish Data Protection Authority website (GIODO) and GIODO’s expiations regarding marketing rules | ||
| Some guidelines may be found on the website of Polish Marketing Association (SMB) (available in English). Even though the aforementioned association exists, it is not widely recognized |
| Messaging | Marketing & Privacy | |
|---|---|---|
| Romania | Code of conduct for using national short internal numbers and short codes SMS/MMS for providing value added services – adopted by ANCOM (i.e., the telecommunications regulator in Romania) through Decision no. 1131/2014 | Art. 55 (6) of the 2015 Norm for evaluating and approving advertising for medical products for human use (prohibiting advertising by SMS for medical products for human use) – adopted by the Ministry of Health through Order no. 194/2015 |
| ANCOM Decision no. 377/2013 regarding the use of national short internal numbers and short codes SMS/MMS | Law 365/2002 (especially Article 6) | |
| Article 7 from the Government Decision no. 1308/2002 for the approval of the Methodological Norms for the application of the Law 365/2002 (”Methodological Norms”) | ||
| Law no. 363/2007 on combating unfair practices of traders in relations with consumers and harmonization of regulations with European legislation on consumer protection, (”Law 363/2007”) | ||
| Law no. 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data | ||
| Art. 12 of Law 506/2004 | ||
| Emergency Government Ordinance no. 111/2011 on electronic communications | ||
| Law no. 365/2002 on electronic commerce, as republished (”Law 365/2002”) | ||
| Art. 3-11 of Law no. 506/2004 concerning the processing of personal data and the protection of privacy in the electronic communications sector (“Law 506/2004”) | ||
| Ombudsman Order no. 52/2002 on the Minimum security requirements for the processing of personal data |
| Messaging | Marketing & Privacy | |
|---|---|---|
| Singapore | Personal Data Protection Act (in particular, sections 36-48 on the Do Not Call Registry and the Eighth Schedule on Exclusion from meaning of “Specified Message”) | |
| Personal Data Protection (Exemption from section 43) Order 2013 | ||
| Advisory Guidelines on Key Concepts in the PDPA: Part V: The Do Not Call Provisions | ||
| Advisory Guidelines on the Do Not Call Provisions | ||
| Advisory Guidelines on Requiring Consent for Marketing Purposes | ||
|
Personal
Data Protection (Do Not Call Registry) Regulations 2013 |
||
| Spam Control Act (in particular, the Second Schedule: Requirements for Unsolicited Commercial Electronic Messages) |
| Messaging | Marketing & Privacy | |
|---|---|---|
| South Africa | Sections 11 and 12 of the Consumer Protection Act 68 of 2008 | |
|
Consumer
Protection Act Regulations, in particular Regulation 4; and Notice: Prohibited Times for Contacting Consumers. |
||
| Direct Marketing Association of Southern Africa (voluntary association): Code of Conduct and Do Not Contact List available to DMASA members | ||
| Section 45 of the
Electronic
Communications and Transactions Act 25 of 2002 Provisions regarding direct marketing to be replaced by the Protection of Personal Information Act 4 of 2013, in particular section 69 (to come into force on a date to be determined by the President) |
| Messaging | Marketing & Privacy | |
|---|---|---|
| Spain | Articles 19-22 Law 34/2002 on Information Society and Electronic Commerce Services | |
| Art. 96 Law on the Protection of the Consumers and Users | ||
| The entire Data Protection Act and the Regulation and especially Articles 25-32 of the Spanish Data Protection Act and Articles 55-60 of the Regulation on the Data Protection Act | ||
| Spanish Data Protection Agency recommendations on SMS with commercial and publicity purposes (November 2008) | ||
| Article 48 General Law 9/2014 on Telecommunications | ||
| Art. 31 Royal Decree 425/2005 on the electronic communications services’ users’ rights |
| Messaging | Marketing & Privacy | |
|---|---|---|
| Sweden | Premium rate services: Swedish Electronic and Communications Act (inter alia chapter 5, section 7a) | Swedish Personal Data Act (inter alia section 11) |
| Swedish Payment Services Act (Self-regulatory) | Swedish Marketing Act (inter alia sections 19–21) | |
| Premium rate services: Code of conduct from the industry body MORGAN (Self-regulatory) | (Self-regulatory) Code of conduct for direct marketing from the Swedish Direct Marketing Association (Sw. Regler för användning av personuppgifter m.m. vid direkt marknadsföring för försäljnings-, insamlings-, medlemsvärvningsändamål och liknande) | |
| Ethical Rules for Premium Rate Call Services from the Ethical Council for Premium Rate Call Services | (Self-regulatory) Code of ethics for mobile marketing from the Swedish Direct Marketing Association (Sw. Etiska regler för mobil marknadsföring) |
| Messaging | Marketing & Privacy | |
|---|---|---|
| Switzerland | Protection Against Unfair Competition Act (inter alia Art. 3 (1) (o) and 3 (1) (u), Art. 17 and 18) | |
| Data Protection Act | ||
| Telecommunications Act (inter alia Art. 45a) | ||
| Price Indication Ordinance (in particular Art. 10et seq. Chapters 4 and 5) (Self-regulatory, not necessarily binding) | ||
| Règles sur loyauté dans la communication commercial / Grundsätze über die Lauterkeit in der kommerziellen Kommunikation (rules on the integrity of commercial communication) from the industry body Commission Suisse pour la Loyauté / Schweizerische Lauterkeitskommission (Self-regulatory, not necessarily binding) | ||
| Ehrenkodex (deontological code) from the industry body Schweizer Dialogmarketing Verband |
| Messaging | Marketing & Privacy | |
|---|---|---|
| Turkey |
The
Law on Regulating Electronic Commerce Art. 6: The rules for sending commercial electronic messages Art. 7: The mandatory contents of the commercial electronic message Art. 8: Opt-out Art. 9: Obligation of intermediary service providers |
|
| Regulation on Commercial Communication and Commercial Electronic Message | ||
| Draft Law on The Protection of Personal Data |
| Messaging | Marketing & Privacy | |
|---|---|---|
| United Kingdom | Premium rate services: PhonePayPlus Code of Practice | The Data Protection Act 1998 |
| Premium rate services: PhonePayPlus Guidance | The Privacy and Electronic Communications Regulations 2003 | |
| Information Commissioner’s Guide to Privacy and Electronic Communications Regulations and Direct Marketing | ||
| The UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing and its supplemental code on Mobile Marketing | ||
| The Direct Marketing Association (DMA) Code of Practice | ||
| The Mobile Marketing Association Code of Conduct |
| Messaging | Marketing & Privacy | |
|---|---|---|
| United States (State Law) | ||
| Arizona | Ariz. Rev. Stat. Ann. §§ 13-2919, 44-1271 et seq. (restrictions on unsolicited messages, autodialing, registration) | |
| Arkansas | Ark. Code Ann. §§ 4-99-101 et seq. (registration), 4-99-403 et seq. (telephone privacy), 4-99-301 (caller ID), 29-30-178 (Do-Not-Call) | |
| California | Cal. Bus & Prof. Code §§ 17592 (telephone solicitations, Do-Not-Call), 17511.3 (registration) | |
| Conneticut | Conn. Gen. Stat. §§ 42-284 et seq. (telemarketing, Do-Not-Call, calling hours) | |
| Delaware | Del. Code Ann. tit. 6 §§ 2501A (telemarketing laws apply to all telephonic means), 2503A (registration) | |
| Florida | Fla. Stat. §§ 501.059 (telephone solicitation, Do-Not-Call, autodialing), 501.605, 501.607 (registration), 501.616 (calling hours) | |
| Georgia | Ga. Code. Ann. § 46-5-23 (autodialing) | |
| Hawaii | Haw. Rev. Stat. §§ 481P-1 et seq. (Do-Not-Call, calling hours) | |
| Idaho | Idaho Code Ann. §§ 48-1001 et seq. (telephone solicitation, Do-Not-Call, autodialing, registration) | |
| Indiana | Ind. Code §§ 24-4.7-4-1 et seq. (Do-Not-Call), 24-5-12 et seq. (telephone solicitation) | |
| Iowa | Iowa Code § 708.7 (sending text messages without a legitimate purpose is harassment) | |
| Louisiana | La. Rev. Stat. Ann. §§ 45:844.8 (wireless telephonic solicitations), 45:844.14, 45:813, 45:823 (registration) | |
| Maine | Me. Rev. Stat. tit. 10 §§ 1498 et seq. (autodialing, calling hours, telephone sales); tit. 32 § 14702 (registration) | |
| Massachusetts | Mass. Gen. Laws ch. 159C (Do-Not-Call, telephone solicitation, calling hours) | |
| Missouri | Mo. Rev. Stat. §§ 407.1098 et seq. (Do-Not-Call), 407.1104 (Caller ID), 407.1076 (calling hours) | |
| New Hampshire | N.H. Rev. Stat. Ann. §§ 359-E:7 et seq. (Do-Not-Call) | |
| New Jersey | N.J. Stat. Ann. §§ 56:8-120 et seq. (telemarketing, calling hours); 56:8-130 (mobile-specific restriction) | |
| North Dakota | N.D. Cent. Code §§ 51-28-01 et seq. (telephone solicitation, calling hours, caller ID) | |
| Ohio | Ohio Rev. Code Ann. §§ 4719.01 et seq. (telephone solicitors, registration, caller ID), 109.87(B) (calling hours) | |
| Oklahoma | Okla. Stat. tit. 15, §§ 775A-1 et seq. (telephone solicitation, registration, caller ID), 775B-1 et seq. (telemarketing, Do-Not-Call) | |
| Oregon | Or. Rev. Stat. §§ 646.561 et seq. (Do-Not-Call), 646.553 (registration) | |
| Pennsylvania | 73 Pa. Stat. Ann. §§ 2241 et seq. (telemarketing, Do-Not-Call) | |
| Rhode Island | R.I. Gen. Laws §§ 5-61-1 et seq. (telephone solicitation, registration, Do-Not-Call, calling hours) | |
| South Dakota | S.D. Codified Laws §§ 37-30-1 et seq. (telephone solicitation, registration, calling hours); 37-30A-1 et seq. (telemarketing, calling hours) | |
| Texas | Tex. Bus. & Com. Code Ann. §§ 304.001 et seq.(Do-Not-Call), 302.101 (registration) | |
| Utah | Utah Code Ann. §§ 13-25a-101 et seq. (telephone solicitation, Do-Not-Call, calling hours), 13-26-3(registration) | |
| Virginia | Va. Code Ann. §§ 59.1-510 et seq. (telemarketing, calling hours, caller ID) | |
| West Virginia | W. Va. Code §§ 46A-6F-101 et seq. (telemarketing, registration), 46A-6F-601 (calling hours) | |
| Wisconsin | Wis. Stat. §§ 100.52 et seq. (telephone solicitations, registration, Do-Not-Call) | |
| Wyoming | Wyo. Stat. ann. §§ 40-12-301 et seq. (telephone solicitations, calling hours) |
Please remember however, that this information is not intended to constitute (nor does it constitute) legal, compliance or professional advice of any kind.
The guidance is an outline of the messaging, marketing and privacy rules in the chosen destination.
Due to the dynamic nature of technology and the messaging industry, the Messaging Compliance Rules are constantly evolving and adapting to keep pace with the changes. As a result, we may update these Messaging Compliance Rules from time to time by publishing an updated version on our website or elsewhere as we determine.
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HTTP, SMPP & SMTP
Premium Support
20+ Years Experience
Free Cloud SMS Software
Communicator Pro
Auto Responder
Auto SMS Processing
