Key takeaways
- Marketing messages generally need the recipient’s prior consent, and you must be able to show it.
- Record who agreed, when, how, what they were shown and what they agreed to.
- Ask in a clear, separate step, name the sender and the kind of messages, and explain how to opt out.
- Honour an opt-out at once and keep it on a list that every system respects.
Why the record matters
Consent is only useful if you can prove it. Operators, regulators and customers may ask for evidence, and a complaint is much easier to settle with a clear record than with a general statement.
Rules differ by country and by message type, so this article describes good practice rather than a legal minimum.
What to store
| Item | Why it matters |
|---|---|
| The phone number and, where relevant, the person or account | Links the consent to the number you message |
| Date and time of the consent | Shows consent came before the first message |
| How it was given: form, page address, keyword, app, call | Shows the channel and makes the check repeatable |
| The exact wording that was shown, with its version | Shows what the person actually agreed to |
| What they agreed to: types of messages, sender, topics | Keeps messages inside the scope of the consent |
| Opt-out date and how it happened | Shows you stopped when asked |
Asking well
- Use a separate, clear step, not a line buried in the terms
- Do not tick the box in advance
- Name the sender and the kind of messages, and say how often you expect to write
- Explain how to stop, for example by replying STOP
- Consider confirming by message, so that the number is proven to be the person’s
A note on Denmark and the EU
In Denmark, marketing by text message generally requires the recipient’s prior consent under the Danish Marketing Practices Act (markedsføringsloven, section 10), with limited exceptions, for example for a company’s existing customers under certain conditions. Other EU countries have similar rules based on the ePrivacy Directive.
This is general information and not legal advice. Check your own situation with a lawyer.
Opt-outs
- Process them at once and across every system that can send
- Keep a suppression list and check it before each send
- Do not ask people to log in to unsubscribe
- Keep the record of the opt-out as long as you keep the consent record
How ZafeConnect fits
ZafeConnect provides local regulatory handling in the countries it serves and supports two-way messaging for keywords and replies. Consent is between you and your recipients, so the record is yours to keep; talk to us about what each destination requires.