Legal Checklist Running SMS campaigns in Portugal demands strict adherence to data protection laws, primarily the GDPR, enforc by the Comissão Nacional de Proteção de Dados (CNPD). This checklist outlines key legal requirements:
Valid Legal Basis & Explicit Consent:
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- Mandatory Opt-In: You MUST obtain clear, unambiguous, and affirmative consent (“opt-in”) from individuals before sending them any marketing SMS messages. Pre-tick boxes or impli consent are NOT valid.
- Freely Given Consent: Ensure consent is not portugal phone number list forc or unduly influenc. Individuals must have genuine choice.
- Specific & Inform: Individuals must clearly understand what they are consenting to (receiving SMS marketing from you) and have information about their rights.
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Clear & Conspicuous Information:
- Identify Yourself: Each SMS must clearly identify the sender (your company name).
- Purpose: Be transparent about the purpose of the communication.
- Contact Details: Provide easy access to your company’s contact details for queries or exercising rights.
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Easy Opt-Out Mechanism (Crucial):
- Simple & Free: Every SMS MUST include a clear and simple way to unsubscribe, typically by replying ‘STOP’, ‘NO’, or a similar keyword. This mechanism must be free of charge above the standard network rate.
- Immiate Effect: Unsubscribe requests must be process promptly, usually within 48 hours, and confirm to the user.
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Data Source & Lawfulness:
- Legitimate Acquisition: Ensure phone transparency in contact collection in portugal numbers were collect lawfully and ethically. Purchas lists are generally high-risk and often non-compliant if original consent is lacking or unclear.
- Purpose Limitation: Use numbers only for purposes consistent with how consent was grant, unless new consent is obtain.
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Record Keeping:
- Maintain records demonstrating consent was obtain (date, method, details provid) and is valid. This is essential for CNPD audits.
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Respect Rights:
- Honor individuals’ rights under GDPR, including access, rectification, erasure (right to be forgotten), and objection to processing.
Failure to comply can result in significant fines. Always prioritize singapore number transparency and respect for user consent in your Portuguese SMS campaigns. Consider consulting with a legal professional for specific advice.