In WhatsApp marketing compliance, regional policies must be strictly followed: the EU’s GDPR requires explicit prior consent, otherwise facing fines up to €20 million; the US must comply with the TCPA regulations, prohibiting sending promotional messages before 8 am and after 9 pm; India recommends registering a business account to avoid the risk of account suspension; Brazil strictly requires all marketing messages to include an “Unsubscribe” option. It is recommended to use the Official Business API and retain proof of user consent to ensure compliance.

Key Points of User Data Protection in the EU

The EU’s data protection regulations (especially GDPR) impose strict limits on WhatsApp marketing, with fines for violations reaching up to €20 million or 4% of the enterprise’s global annual turnover (whichever is higher). Below are the critical details for compliance:

​​User Consent Must Be Explicit and Recordable​​

According to GDPR Article 7, businesses must obtain “explicit, freely given, and specific” consent from users before sending marketing messages. For example:

• Using “pre-ticked boxes” is invalid; consent requires the user to actively tick the box;

• The consent statement must explicitly state “agree to receive marketing messages” instead of vague phrasing;

• Before each marketing message is sent, the time, method, and content of user consent must be recorded (e.g., via website form or subscription record).

According to a 2023 European Commission report, 72% of compliance complaints were directly related to “insufficient validity of consent.”

Data Processing and Storage Restrictions

• Data Minimisation Principle: Only necessary data (such as name, mobile number) should be collected, and soliciting irrelevant information (such as age, location) is prohibited. For example, if only promotional messages are sent, the user’s address should not be collected.

• Storage Limitation: User data should not be retained for longer than necessary for the purpose it was collected for. If a user unsubscribes, their data must be deleted or anonymised within 30 days.

• Cross-Border Transfer Restrictions: If the business’s server is located outside the EU (such as the US or Asia), “Standard Contractual Clauses (SCCs)” must be used or the “Adequacy Decision” framework followed. Non-compliant transfers can be fined up to 2% of global annual turnover.

User Rights and Response Mechanisms

GDPR grants users 8 core rights, those directly relevant to WhatsApp marketing include:

1. Right of Access: Users can request a copy of their personal data from the business (must respond within 30 days);

2. Right to Erasure (Right to Be Forgotten): When a user requests data deletion, the business must comply within 14 working days;

3. Right to Object: Users can refuse marketing messages at any time, and the business must immediately stop sending and update its database.

According to statistics from the European Data Protection Board (EDPB), 65% of user complaints involved “failure to process deletion requests in a timely manner.”

US Commercial Message Regulations Explained

Commercial message regulation in the US is centred on TCPA (Telephone Consumer Protection Act) and CTIA (Cellular Telecommunications Industry Association) guidelines, with a penalty of up to $1500 for sending a single non-compliant commercial text message. Below are the key operational details:

Explicit Written User Consent is Mandatory

The TCPA requires businesses to obtain “express written consent” from users before sending commercial messages, specifically defined as:

• The user must actively provide their mobile number and check the consent box (pre-ticked boxes are invalid);

• The consent record must include the user’s signature (electronic signature is legally valid), a timestamp, and the IP address;

• If numbers are collected through offline channels (such as filling out a form in a physical store), written notice must be provided on-site and a copy retained.

According to 2023 data from the Federal Communications Commission (FCC), 68% of complaint cases resulted in loss due to “missing consent records.”

Message Type and Sending Time Restrictions

• Promotional Messages: Must include “details of the offer terms” and “validity period” (e.g., “15% off only valid for 7 days”), and the suggested sending frequency for the same user is less than 4 times per month;

• Transactional Messages (e.g., order notifications): Are not subject to consent restrictions but are prohibited from including marketing content (e.g., cannot include a promotional link in a delivery notification);

• Sending Time Window: CTIA regulations state that commercial messages can only be sent between 8 am and 9 pm (recipient’s local time). Accounts with a non-compliance rate exceeding 2% may be permanently banned.

Number Registration and Verification

US carriers (such as Verizon, AT&T) require businesses to pre-register sending numbers:

1. 10DLC Registration: Businesses need to submit their company tax ID, industry type, and message templates. The review time is about 2 weeks, and the registration cost is $15-$50/number;

2. Sending Volume Tiers: Daily sending volume is divided based on trust level (e.g., new accounts are limited to 500 messages daily, high-trust accounts can reach tens of thousands);

3. Opt-out Rate Monitoring: If the user opt-out rate exceeds 0.5% (i.e., 5 people reply STOP per 1000 messages), the account will be automatically suspended.

Opt-Out Mechanism and Penalty Cases

Each message must include:

• Clear Identification: Start with “This is a promotional message” (such as “Msg & Data rates may apply”);

• One-Click Opt-Out Command: The business must stop sending within 1 hour after the user replies “STOP” and must reply with a confirmation message (such as “You have been unsubscribed”);

• Customer Service Contact Information: Provide a toll-free number or email address (response time must be less than 24 hours).

Typical Case: In 2022, e-commerce platform Wish was subject to a class-action lawsuit and ordered to pay $38 million for failing to process user opt-out requests and continuing to send promotional messages. Their subsequent rectification plan involved investing $2 million to build an automated opt-out system, reducing processing time from 72 hours to 10 minutes.

Cost and Delivery Rate Data

• Message Delivery Cost: Sending a single message via the Official API costs about $0.005-$0.01, while third-party proxy channels cost $0.002-$0.005 (but the risk of rejection increases by 3 times);

• Delivery Success Rate: Numbers registered with 10DLC have a delivery rate of about 98%, while unregistered numbers have only 35% (easily blocked by carriers);

• Conversion Rate Benchmark: Compliant messages have an average click-through rate of 5-8%, which is 2.3 times higher than non-compliant sending (due to increased user trust).

• Brazil Sending Time and Type Restrictions

  Commercial message regulation in Brazil mainly follows LGPD (General Data Protection Law) and specific regulations from ANATEL (National Telecommunications Agency). Non-compliant message sending can face a single fine of up to R$50 million. Below are the key details for local operations:

  Mandatory Sending Time Window Restriction

  ANATEL explicitly stipulates that commercial messages are only allowed to be sent between 9 am and 8 pm on weekdays (recipient’s local time), and promotional content is strictly prohibited all day on weekends and holidays. According to 2023 Brazilian telecom complaint data, 42% of non-compliance complaints were concentrated during non-working hours.

  Message Type Classification and Compliance Requirements

  Brazil strictly categorizes commercial messages into two types:

  1. Transactional Messages (e.g., billing reminders, appointment confirmations): Do not require prior consent, but the content is prohibited from containing any promotional information (e.g., appending a discount code after “Your order has been shipped” is non-compliant);

  2. Marketing Messages: Must obtain the user’s explicit written consent and must state the brand name and opt-out method in the first message sent.

  According to statistics from the São Paulo Consumer Protection Agency, messages mixing transactional and marketing content have a high reporting rate of up to 67%.

  Message Type	User Consent Requirement	Sending Time Limit	Recommended Content Length	Monthly Frequency Limit
  Marketing Promotion	Mandatory written consent	Weekdays 9:00-20:00	≤300 characters	4 messages/user
  Transaction Notification	No consent needed	24 hours a day	≤160 characters	No limit
  Public Service Announcement	No consent needed	Weekdays 10:00-18:00	≤500 characters	2 messages/user

  User Consent and Special Data Storage Requirements

  • Consent Format: Must be obtained through double opt-in (e.g., first ticking a box on a webpage form, then confirming with an SMS verification code), single opt-in is invalid. The consent record must include the user’s CPF (Tax ID), consent time, and IP address, and must be stored for at least 12 months;

  • Opt-Out Mechanism: The user replies “SAIR” to opt out, and the business must stop sending and reply with a confirmation message within 2 hours. If more than 3 complaints are received within 30 days, the number will be forcibly blacklisted;

  • Localised Language: Must use Brazilian Portuguese, machine translation is prohibited (content with an error rate exceeding 5% may be blocked).

  Carrier Registration and Delivery Costs

  Major Brazilian carriers (Vivo, Claro, TIM) require businesses to pre-register:

  • Registration Period: After submitting the company tax ID (CNPJ) and message templates, the review time is about 15 working days, with a first-time registration fee of R$200/number;

  • Sending Volume Tiers: Newly registered numbers are limited to 1000 messages daily, and after 3 months of stable operation, they can apply to increase to 100,000 messages daily;

  • Delivery Cost: Sending a single message via the Official API costs about R$0.03, while unregistered numbers have a delivery rate of only 20% (and may trigger a fine of R$100 per message).

  Typical Case: Retailer Magazine Luiza was fined R$1.8 million in 2022 for sending promotional messages on a Sunday. After adjusting to only send during weekday lunch hours (11:00-14:00), the user click-through rate increased by 12% (due to less perceived annoyance).

  India Identity Verification and Process Guidance

  Commercial WhatsApp message sending in India is strictly regulated by TRAI (Telecom Regulatory Authority of India), and all businesses must complete entity identification registration to legally send messages. Sending commercial messages without registration can result in a maximum daily fine of ₹500,000, and repeated violations may lead to the company being blacklisted and prohibited from operating for 5 years.

  Mandatory DLT Registration Process

  All commercial text message senders must complete registration on the Indian government’s Distributed Ledger Technology (DLT) platform. The entire process takes an average of 18 working days and includes two core steps:

  1. Enterprise Entity Registration: Submit the company PAN card (tax ID), proof of registered address, and director’s identity documents (Aadhaar or passport). The review time is 7-10 working days.

  2. Message Template Approval: Create an individual template for each sending content and submit it for approval. Each template review takes 5 working days, and businesses are usually advised to prepare 10-15 common templates in advance to ensure continuous sending.

  According to the 2023 TRAI compliance report, 78% of initial registration applications were rejected due to incomplete documentation, with an average delay of 22 days.

  Registration Step	Required Documents and Information	Review Time (Working Days)	Official Fee (Rupees)	Pass Rate
  Enterprise Entity Registration	PAN Card, Address Proof, Director’s ID	7-10	4999	65%
  Profile Picture and Brand Approval	Brand Logo (100×100 pixels), Official Name	3-5	1000	85%
  Message Template Approval	Template Content (with variable parameters), Sending Scenario Description	5-7	100/template	70%
  Number Binding	Binding business number with registered entity	1-2	Free	100%

  Template Content Guidelines and Sending Restrictions

  • Template Approval Requirements: Every message must be pre-approved, the content must include a 6-character enterprise identifier (e.g., “ABCORG”), and promotional templates must include an “unsubscribe option.” Template variables (e.g., name, order number) must not exceed 5, and the total character limit is 1000 characters.

  • Sending Time Restriction: Commercial messages are only allowed to be sent between 9 am and 9 pm (local time). Public holidays are not restricted but frequency must be reduced. The same user must not receive more than 3 messages from the same enterprise daily.

  • Consent Management: Explicit user consent evidence must be recorded, including the consent time, source channel, and IP address. Consent records must be kept for at least 12 months for inspection.

  Cost and Delivery Effectiveness Data

  • Total Registration Cost: Complete DLT registration costs an average of ₹15,000-₹20,000 (including template approval fees).

  • Delivery Rate Difference: Registered numbers achieve a delivery rate of 94%, while unregistered numbers only reach 35% and are highly susceptible to permanent banning.

  • Conversion Rate Impact: After compliant registration, user trust significantly increases, and the click-through rate rises from 2.3% to 6.8%, with the complaint rate dropping below 0.2%.

  Typical Case: E-commerce giant Flipkart was fined ₹2.2 million in 2022 for sending promotional messages without completing DLT registration. Subsequently, they urgently completed registration and standardised templates (reducing sending frequency by 40%), resulting in a conversion rate increase of 1.7 times, proving the effectiveness of compliant operations.

  Routine Maintenance and Compliance Checks

  Businesses need to conduct a compliance self-check every 90 days, including:

  • Updating business license and PAN card information (must be updated in advance if the validity period is less than 6 months);

  • Checking template usage and retiring ineffective templates (templates not used for 30 consecutive days will be automatically disabled by the system);

  • Monitoring user complaint rate; if it exceeds 0.5%, sending must be immediately suspended and the content strategy adjusted.

  The compliance threshold in the Indian market is high, but businesses that adhere to regulated operations typically achieve a 300% increase in ROI after 6-8 months.