As is the case worldwide, there are specific rules to follow when sending SMS in France, and before doing so, it’s important to understand the obligations related to SMS communication.
In particular, distinguishing between promotional and transactional SMS is key to ensuring compliance with current regulations. This article explores these obligations in detail and what they mean for businesses.
“STOP” Mention: A Requirement for Promotional SMS
In France, any SMS with a commercial or promotional purpose must include the mandatory “STOP” mention, allowing recipients to unsubscribe simply and for free. This obligation is outlined in several legal and regulatory texts, including:
- The Consumer Code: Article L.121-34 requires professionals to allow consumers to oppose any commercial prospecting, including electronic messages (like SMS), by offering an easy opt-out option.
- The CNIL (Commission Nationale de l’Informatique et des Libertés) also reinforces this requirement, stipulating that all commercial messages must include a mechanism for recipients to unsubscribe. Typically, this takes the form of a “STOP” mention, often accompanied by a number or link to unsubscribe.
- The Law on Trust in the Digital Economy (LCEN) also governs the sending of commercial electronic communications and establishes principles for consent and unsubscribing.
For all promotional messages, the inclusion of the “STOP” mention is not only a legal obligation but also a best practice to maintain a trusting relationship with recipients. It allows consumers to manage their preferences autonomously, which contributes to a more favorable perception of your marketing campaigns.
Transactional SMS: Exempt from the “STOP” Mention
In contrast, transactional SMS are subject to different rules. Unlike promotional SMS, these messages are purely informative and directly related to a specific transaction or interaction between the business and the customer. These can include, for example:
- Order confirmation,
- Shipping updates,
- Appointment reminders,
- Security alerts for an account.
These messages do not aim to promote products or services but simply relay important information regarding a transaction. Therefore, the “STOP” mention is not required for transactional SMS.
This exemption is justified because these messages are not sent for commercial prospecting but as a response to an action initiated by the customer. The goal is to facilitate communication between the business and its clients without confusing it with promotional activities. The CNIL and the Consumer Code confirm that transactional messages are exempt from the opt-out requirement.
The Stakes for Your Business
Understanding this distinction is essential for your clients and prospects to avoid any penalties or misunderstandings.
To summarize:
- Promotional SMS: Requires recipient consent and must include a “STOP” mention for unsubscribing.
- Transactional SMS: Informative and does not need prior consent or a “STOP” mention.
At Sweego, you must specify if your SMS is Transactional or Promotional. For promotional SMS, a “STOP” is automatically added. You can retrieve “STOP” requests via our logs, webhooks, or API. Our template system also shows character consumption.