SMS Marketing & DPDP: Navigate Consent, Avoid ₹250 Cr Fines
Liability Check
Sending marketing SMS without explicit, verifiable consent is now a direct violation of the DPDP Act. Each unsolicited message could contribute to fines reaching ₹250 Crore.
Why SMS Marketing & DPDP: Navigate Consent, Avoid ₹250 Cr Fines is at Risk
Under DPDP, every marketing SMS must be predicated on **freely given, specific, informed, and unambiguous consent** from the Data Principal. This means your current practice of buying contact lists or relying on implied consent is now a **high-risk activity**. Forget bulk SMS blasts from tools like Exotel or GupShup if consent isn't watertight. The Act mandates that individuals receive clear notice about the purpose of data processing (i.e., marketing) and have an easy mechanism to withdraw consent, often via an 'opt-out' or 'DND' feature. Failure to respect these rights and maintain an auditable trail of consent can lead to substantial penalties, impacting everything from your brand reputation to your bottom line, especially if you operate at scale like many startups in Bengaluru's tech parks.
Common Violations
- 1.Sending promotional SMS to numbers obtained from third-party lists without direct, explicit consent.
- 2.Not providing an explicit, easy-to-use 'opt-out' or 'unsubscribe' option in every marketing SMS.
- 3.Using a generic consent for 'all communications' instead of specific consent for 'marketing SMS'.
The Immediate Fix
Immediately halt all SMS marketing campaigns targeting lists where explicit, verifiable consent for marketing messages cannot be proven. Prioritize auditing your existing subscriber lists and re-obtain DPDP-compliant consent, clearly stating the purpose of SMS communication and providing an easy opt-out mechanism in every message.
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Projected Compliance Deadline: Immediate
Next step after the audit
The audit shows the gaps. Sanctum closes them. One programme covers legal position, data map, gap analysis, implementation, tooling, training, a written readiness opinion, and breach cover, under one accountable owner. See the all-in-one programme
What Should You Do Next?