Ukrainian laws about SMS mailing

Our company provides wide range of SMS mailing services based on entire Ukrainian legislation. This implies:

  1. Law of Ukraine “On Adverting”;
  2. Law of Ukraine “On Protection of Personal Data”.

The Law of Ukraine “On Advertising” regulates relationship between an advertiser and an audience being provided by advertising message. A range of issues that may arise within the interaction of parties is governed by the law.

Provisions of the Law over promotional materials are very well-defined and generally include following regulations, authorizations and prohibitions:

  1. The prohibition of SMS mailing containing political or religious agitation;
  2. The prohibition of advertising of goods and services forbidden across the territory of Ukraine;
  3. Individuals using brand names or trademarks in the messages shall confirm copyright of them;
  4. The accuracy and reliability of advertising, no harm to consumers;
  5. Requirements to the advertising messages for children shall comply with the provisions on information for consumers belonging to different age groups;
  6. The prohibition of use of texts and images affronting consumer honor and dignity and urging to illegal actions;
  7. The prohibition of use of images of traditional state symbols: flags, emblems except for the cases envisaged by other Ukrainian laws;
  8. The prohibition of advertising of goods and services being subjects to certification with no relevant documentation;
  9. The permission to publish an image of individual upon his written consent;
  10. The prohibition of hidden advertising of goods and services as well as references to other brands and trademarks within commercial premise.

An advertiser may be prosecuted for violation of any of these provisions.

The Law of Ukraine “On protection of Personal Data” regulates the rules for the collection, processing, storage, modification, distribution, use, and further destruction of personal data, i.e. all individual information. Such data include full name, place of residence, passport ID, date of birth, and a telephone number.

The main point of number database collection for advertising SMS mailing via SMSCLUB system regards a need to obtain written individual consent to use his personal data within SMS and MMS mailing.

In other words, a written individual authorization to use confidential data is needed to add phone numbers of potential or existing customers.

For more detailed information regarding commercial planning and its further distribution as well as use of personal data you should be familiar with the texts of the laws.

Here you can find methods to create customer database yourself.

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