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Last updated on 18 September 2015
SMS regulations in Spain are regulated by the Agencia Española de Protección de Datos (AEPD). AEPD ensures compliance to data protection and anti-spam legislation relating to electronic communications.
Consumers have the right not to receive unsolicited marketing communications via SMS and must be informed of how their personal data is to be processed by an organisation.
Organisations must not send SMS marketing messages to individuals without their specific, valid and prior explicit consent. This consent must be recorded and kept as proof of consent. There is a limited exception for previous customers, where it is allowable to send unsolicited advertising of similar goods and services to those previously purchased by such customers.
Organisations must stop sending marketing messages to any person who opts out from receiving them. All marketing messages must include opt-out instruction in the SMS message. The universally recognised method of opting out from receiving marketing communications via SMS is for a consumer to send STOP to a message they received. You also need to honour an opt-out request via other channels you can be contacted on, for example, via email or telephonically. A STOP confirmation message must be sent to the consumer to confirm the opt-out. This message should include the name of your company and the following words: “You have opted out. You will not receive additional messages”. Records of opt-out communications need to be kept.
SMS messages must be clearly identified as advertising commercial messages and include the word “PUBLI” at the beginning of a message. The message must also clearly indicate the name of the organisation or brand that is sending the message so that a consumer can identify who to contact.
Disclaimer: The information contained in this note is for general guidance on compliance matters only. While we have made every attempt to ensure that the information contained here has been obtained from reliable sources, BulkSMS.com is not responsible for any errors or omissions, or for the results obtained from the use of this information. It shall be the sole responsibility of Users of BulkSMS.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.