Need to know: Legal Q&A

Our client wants to send text messages advertising special offers to valued customers whenever they are in the vicinity of one of our client's stores. Is this legal in the UK?

Yes it is permitted, but you need to comply with data protection laws and rules relating to direct marketing via email (as these also cover text messaging) and the use of mobile phone location data. Fortunately, all of these requirements are similar as they are based on the same data protection principles.

For this marketing campaign, prior consent for direct marketing is unlikely to be required as the recipients should satisfy the exemption for "existing customers". You must still include an easy method of opting-out with each message (for example, to stop messages text 'stop' to a five-digit number).

The rules regulating the use of mobile phone location data vary, depending on whether the customer can be identified from that data. For this type of marketing campaign, it is likely customers will be identifiable from the location data, so their consent to use their location data will be required. Before asking for their consent, you must tell them the types of mobile phone location data that will be used, the purpose and duration of use and who will be processing it. They must also have the ability to withdraw that consent at any time and have an opt-out option in each message, as discussed above.

You need only obtain all the necessary customer consents once. They can all be collected at the same time as the customer contact details.

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