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What are the legal requirements for sending marketing SMS in Switzerland and the EU? [
Q1070
]
For marketing SMS you must comply with the applicable law of the
recipient's country
:
Switzerland
– the Unfair Competition Act (UCA / UWG) and other regulations prohibits unsolicited commercial electronic messages. Explicit prior consent (opt-in) from recipients is required.
EU / EEA
– the ePrivacy Directive and GDPR require freely given, specific, and documented consent for direct marketing.
Always provide a clear opt-out mechanism (e.g. "Reply STOP") in every marketing message.
Keep records of consent for audit purposes.
Transactional SMS (order confirmations, appointment reminders, OTPs) generally do not require marketing consent, but must still comply with applicable data protection rules. We recommend consulting a legal advisor for your specific use case.
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