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Spanish Data Protection Agency allows text message advertising

Thu 21st Apr 2011

The Spanish Data Protection Agency (SDPA) has published a Resolution on the issues relating to SMS text message advertising. In particular, the Resolution examines the practice of sending messages to customers with advertisings relating to products that were similar to those previously purchased by the customers.

The SPDA concluded that there was no breach any information society regulations by sending commercial SMS without consent because the customer had not sufficiently proven that the company had been informed that he did not wish to receive such messages. Furthermore, the SPDA stated that the obligation to consult the Spanish Federation of Electronic Business and Direct Marketing (FECEMD) List and to refrain from sending marketing communications to persons registered on the Robinson List does not apply to all types of advertising campaigns, but only to those where the persons are not clients of the company.

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