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WhatsApp Marketing Compliance in the EU
WhatsApp Marketing Compliance in the EU
Updated over 7 months ago

In this guide, you will learn about best practices for WhatsApp marketing in the European Union (EU) to ensure compliance with local regulations.

Keep in mind that this information is intended solely for educational and informational purposes and should not be considered legal advice.

WhatsApp Availability in Europe

WhatsApp Business is currently available in all European countries. As your business grows and expands into new markets, it's crucial to stay compliant with local regulations.

Regulations for WhatsApp Marketing in the EU

The following regulations apply to WhatsApp marketing in the EU:

  • EU General Data Protection Regulation (GDPR)

  • EU ePrivacy Regulations

  • WhatsApp Business Messaging Policy

Please note that certain EU countries may have country-specific laws and regulations that apply to WhatsApp marketing and are not included in this guidance.

WhatsApp Compliance Dos and Don’ts in the EU

There are a number of compliance dos and don’ts for WhatsApp marketing in the EU.

Do:

  1. Obtain explicit consent from recipients before messaging them.

  2. Allow recipients to easily opt out.

  3. Respect quiet hours.

  4. Clearly identify your brand in your WhatsApp Profile.

Don't:

  1. Send messages to recipients on do-not-call or do-not-disturb registries

  2. Include prohibited content in your messages.

Obtain explicit consent

When collecting WhatsApp Marketing consent in Europe, you must provide a detailed explanation of how you plan to use the subscriber’s information. Under GDPR, consent needs to be “freely given, specific, informed, and unambiguous.”

We strongly recommend to use double opt-in.

Best Practices for Opt-In

To create a high-quality opt-in experience and maintain a positive reputation, follow these best practices:

  1. Set user expectations: Obtain an opt-in that encompasses the different categories of messages that you will send (e.g., order updates, relevant offers, product recommendations, etc.). This approach helps mitigate the risk that users will block your business because they receive unsolicited messages.

  2. Provide clear opt-out instructions: Offer clear instructions for how people can opt out of receiving specific categories of messages, and honor these requests promptly.

  3. Design clear and intuitive flows: Ensure your opt-in and opt-out flows are clear and intuitive for users.

  4. Communicate the value of WhatsApp messages: Clearly communicate the value of receiving this information on WhatsApp.

Respect Quiet Hours

In most countries in the EU, WhatsApp messages should not be sent too late or too early in the day. Do not send during the following hours (known as “quiet hours”) in the recipient’s local time:

  • Before 8 a.m.

  • After 8 p.m.

Identify Your Brand/Organization

As a best practice, each WhatsApp message you send to recipients in the EU should identify you as the sender. Many companies do this by:

  1. Customizing their WhatsApp business profile with a clear and accurate name and logo.

  2. Requesting a WhatsApp Official Business Account.

Do Not Include Prohibited Content

WhatsApp may refuse to deliver messages that reference or otherwise contain content relating to certain topics, including:

  • Illegal substances

  • SHAFT (Sex, Hate, Alcohol, Firearms, Tobacco)

  • Gambling

  • Debt collection/forgiveness

  • High-risk financial services (e.g., cryptocurrency)

  • Multi-level marketing

Do Not Contact Users on Do-Not-Call or Do-Not-Disturb Registries

As a guideline, don’t contact anyone on do-not-call or do-not-disturb registries. Many EU countries have their own registries.

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