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Overview of SMS Marketing by Orla Doyle, Training Manager, Innovo Training and Development Short Message Service (SMS) marketing provides an excellent opportunity for many businesses to reach customers directly, increase revenues and help to enhance your brand. SMS marketing is low cost, highly personalised, interactive, and should have an immediate impact. When used to complement other promotional campaigns, SMS marketing has been proven to generate a solid increase in sales for the business. The Legal bits Targeted direct marketing, giving individuals information about products and services, is a perfectly legitimate activity – provided it respects the individual’s right to privacy. Sending unwanted direct marketing is neither in your interest nor the interest of those receiving it. The Data Protection Commissioner website (www.dataprotection.ie) provides very clear guidelines on how direct marketing campaigns (including SMS marketing campaigns) should be conducted within existing legislation. You will need to register with the Data Protection Commissioner before undertaking any mobile SMS marketing. Data protection law imposes strict obligations on the use of personal data for direct marketing. Because marketing using electronic means is more intrusive than postal marketing, stricter rules apply. General Rule The basic rule that applies to direct marketing is that you need the consent of the individual to use their personal data for direct marketing purposes. As a minimum, an individual must be given a right to refuse such use of their personal data both at the time the data is collected (an “opt-out”) and, in the case of direct marketing by electronic means, on every subsequent marketing message. The “opt-out” right must be free of charge. “Opt-in” means you can only market to an individual where you have their explicit consent to do so. “Opt-out” means that you can market an individual provided you have given them the option not to receive such marketing and they have not availed of this option. For an electronic communication to a business, an option to unsubscribe must be included the table on the following page, which can be found on the Data Protection Commissioner website, sets out the guidelines for each form of direct marketing very clearly marketing, the onus is on the business to prove that you had a subscriber’s consent to send a marketing message. You should retain such consents for a period of 2 years after the sending of the most recent marketing message to the recipient