SMS Marketing Compliance in Spain & LatAm

SMS remains one of the most effective marketing channels: 98% open rate, guaranteed delivery, low cost. But in Spain and Latin America, SMS marketing and legal compliance are inseparable.

Violating the rules exposes you to fines (up to €10 million or 4% of revenue in serious cases) and erodes customer trust. This guide explains exactly what is legal, what isn't, and how to build an SMS strategy that's both profitable and compliant.

SMS regulation in Spain and Latin America

Spain has Europe's strictest framework for commercial communications. Regulation comes from three main sources:

GDPR (General Data Protection Regulation)

Applies across Europe. Requires explicit consent to process personal data. For SMS marketing:

• You must obtain prior written (or electronic) consent
• Customers must know exactly what data you collect and why
• You must keep records of consent

LOPDGDD (Spanish Data Protection Law)

Spain's implementation of GDPR. Adds requirements:

• Consent must be "free, specific, informed, and unambiguous"
• Users must be informed of their rights (access, correction, deletion)
• Data retention only as long as necessary for the stated purpose

LSSI-CE (Law on Information Society Services)

Spain's specific law for marketing electronic communications. Requires:

• Mandatory "opt-in" for SMS marketing (opt-out alone is insufficient)
• Exceptions: transactional SMS, existing customers in certain contexts
• Clear sender identification
• Easy unsubscribe mechanism

In Latin America, regulations vary by country (Argentina has PDPA, Mexico has LFPDPPP, Colombia has Decree 1377/2013), but the principle is identical: prior consent mandatory.

Explicit consent: how to get it right

Consent is the foundation. A vague "yes" won't work. You need:

1. Informed consent

Customers must know exactly what they're signing up for:

• ✅ "I want to receive offers, promotions, and news from [your brand] via SMS"
• ❌ "I agree to the terms" (without specifying SMS)

2. Active consent (opt-in)

• ✅ Checkbox the customer explicitly checks
• ❌ Pre-checked checkbox (customer must uncheck)

3. Documentation

Keep records of:

• Exact date and time of consent
• Text the customer saw
• Device IP or identifier
• Method (web form, SMS, etc.)

4. In WooCommerce

Add a visible field at checkout:

[ ] I want to receive SMS with offers and news (max 2/week)

Burying it in fine-print terms is not sufficient.

Transactional vs. marketing: the critical difference

Not all SMS require prior consent. The law distinguishes:

Transactional SMS (NO prior consent required)

• Order confirmation
• Tracking number
• Shipping status updates
• Purchase confirmation
• Password reset

Send these whenever a customer makes a purchase or requests the service.

Marketing SMS (require explicit opt-in)

• Promotions, discounts
• New products
• Seasonal offers
• SMS newsletters
• Surveys, giveaways

Rule of thumb: if the goal is to sell or promote, you need prior consent.

Clear sender identification and opt-out mechanism (STOP)

Every SMS must include:

1. Clear sender identification

• Must be obvious who is sending
• ✅ "MYSTORE: Your order..."
• ❌ An unidentified number

2. Easy unsubscribe mechanism

In the message itself or on a clearly linked webpage, customers must be able to:

• Write "STOP" to unsubscribe immediately
• Access a preferences page
• No additional complicated steps

3. Fast response

If a customer sends "STOP", you must:

• Stop sending messages within 48 hours maximum
• Not resubscribe without new explicit consent
• Document the unsubscription

Example of correct SMS:

Deal: 20% off everything!
[LINK]
MYSTORE. Reply STOP to unsubscribe.

Sending windows: when to send SMS

The law doesn't explicitly mandate a time window, but legal best practice is:

Sending SMS at 11 PM or 6 AM is technically legal, but risks:

• Low engagement (customers are asleep)
• Complaints about harassment
• Higher legal exposure

Penalties for non-compliance in Spain

Violating LSSI-CE and GDPR has severe consequences:

Spain's AEPD (Data Protection Authority) actively pursues violations, especially those reported by customers.

Best practices for legal and effective SMS

Here's the complete strategy:

1. Collect clean consent: visible web form, explicit checkbox (not pre-checked), SMS-specific
2. Document everything: save date, IP, consent text
3. Distinguish types: transactional without consent, marketing with opt-in
4. Identify clearly: always include your brand name in SMS
5. Enable opt-out: include "STOP" in every message, auto-respond within 48h
6. Respect hours: 08:00–20:00 for marketing, 24/7 for transactional
7. Automate safely: use Flowgration to automatically respect customer preferences
8. Audit regularly: review compliance quarterly

FAQ

Can I buy phone number lists for SMS marketing? No. It's illegal in Spain and Latin America. Every number must have given explicit consent to YOUR brand. Buying lists violates GDPR severely.

If a customer bought years ago without checking "SMS," can I send them messages now? No. Old vague consent is invalid. You need fresh explicit SMS consent.

What if someone replies "STOP" but buys again without re-checking SMS? Even after a new purchase, you cannot send marketing SMS without new explicit consent. Transactional SMS are sent automatically.

Can I send SMS to business phone numbers (B2B)? Yes, with fewer restrictions. B2B has more flexible regulations. But you still need prior consent (though it can be less formal than B2C).

What's the difference between opt-in (prior consent) and opt-out? Opt-in: customer checks yes before receiving. Opt-out: customer can unsubscribe afterward. Spanish law requires opt-in for marketing.

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SMS is powerful, but legal compliance is not optional: it's the foundation of customer trust. Implement these practices today with Flowgration, which automates consent respect, send windows, and opt-out mechanisms.

Start safely: visit Flowgration and set up your compliant SMS strategy in minutes.