Compliance isn't optional in WhatsApp marketing. Violating regulations can result in fines, number bans, and reputational damage.
Key Regulations
GDPR (EU)
- Explicit opt-in required before sending marketing messages
- Right to access: Customers can request their data
- Right to erasure: "Delete all my data" requests must be honored
- Data Processing Agreement required with your BSP
Indian IT Act & DPDP Act
- Consent required for commercial communications
- Purpose limitation: Use data only for stated purposes
- Data localization requirements for certain categories
- Reasonable security practices mandatory
WhatsApp's Own Policies
- Opt-in must be collected before messaging
- No spam, scam, or misleading content
- No automated bulk messages without BSP
- Quality rating must be maintained
Compliance Checklist
- Collect and store explicit opt-in records
- Provide easy opt-out mechanism (reply STOP)
- Maintain consent logs with timestamps
- Implement data retention and deletion policies
- Use approved templates for outbound messages
- Process opt-out requests immediately
- Don't share customer data with third parties
- Conduct regular compliance audits`,
