How to properly obtain consent to send messages on WhatsApp#

February 07, 2025

We all receive dozens of messages on WhatsApp every day - from notifications about discounts at our favorite store to reminders about a doctor's appointment. But how often do we think about what's behind those messages? In order for a company to send you a message, they often need your permission. Let's take a look at why this is important and how it's regulated in different countries.

Contents

1. Why consent is needed?
2. How does it work in different countries?
   • Brazil
   • European Union
   • India
   • Kazakhstan
   • Russia
3. Examples of the correct way to obtain consent from a client?
4. Conclusion

1. Why do I need consent?#

Posting consent is a guarantee that your personal data will not be used without your knowledge. It protects your rights as a user and helps businesses avoid legal problems. Without customer consent, a mailing can be treated as spam, which in turn increases the risk of blocking.

In addition, obtaining consent helps to:

• Build customer trust.
• Increase the effectiveness of mailings - only interested users receive messages.
• Avoid fines for violating the law.

What happens if you break the law?

Breaking the rules about sending messages can cost a company dearly - in fines, lost customers and a bad reputation.

2. How does it work in different countries?#

Brazil#

The Personal Data Protection Act requires companies to obtain clear and informed consent for data processing. The user must know the purposes for which their data will be used and be able to easily withdraw consent.

European Union#

EU law on the processing of personal data is governed by the General Data Protection Regulation. According to this document, consent must be:

Explicit: the user gives their consent.
Informed: the individual should understand what they are consenting to.
Free: the customer cannot be forced to give consent under threat of denial of service.

India#

In India, user privacy is governed by the Information Technology Act and its Rules. Companies must obtain explicit consent from users before sending promotional messages, and violations can result in fines and penalties.

Kazakhstan#

The Law "On Personal Data and its Protection" requires users' consent to process data and send messages. For this purpose, it is sufficient for the customer to sign a contract that formalizes the consent in an explicit form.

Russia#

In Russia, the processing of personal data is regulated by the Federal Law "On Personal Data". Sending messages without the client's consent is prohibited, except in cases stipulated by contract or law (e.g. notification of debts).

3. Examples of how to properly obtain consent from a customer#

• Explain why you are collecting information and what messages you will send. For example, "We will send you promotions and news about our store. Use explicit methods. This could be a check box on the website or a text form where the customer agrees to the terms and conditions.
• Provide an opt-out option. Make sure the user can easily unsubscribe at any time.
• Respect data retention. Keep records of consent so that you can prove your compliance in the event of an audit or complaint.

Example of a live dialog with a customer

This approach shows that you respect your customers and value their privacy.

4. The results#

Consent to send messages is not just a formality, but an important element of customer interaction. By following the law and respecting users' privacy, you not only avoid problems, but also build trust in your business.