ContactMonkey requires express consent from employees before sending them SMS messages. This article explains the legal requirements for employee SMS in different regions and how to obtain proper consent.
Related compliance information: For carrier compliance requirements and opt-in agreement elements, click here.
ContactMonkey's Consent Requirement
You must obtain express written consent from employees before sending SMS messages through ContactMonkey. This requirement applies to all customers regardless of location, with one possible exception for certain emergencies in the United States.
Your consent request must clearly describe:
- All types of text messages you plan to send (emergency alerts, company events, benefits updates, etc.)
- How frequently employees will receive messages
- That messages will be sent via SMS text message
Prohibited use: You cannot use ContactMonkey to send commercial marketing or sales messages to employees, including messages that encourage participation in commercial activities.
Legal Requirements by Region
United States
Text messaging to employees is primarily governed by the Telephone Consumer Protection Act (TCPA) and Federal Communications Commission (FCC) regulations. State laws and mobile carrier requirements also apply.
What you need to do: Obtain express consent from employees before texting them. Consult your legal counsel to ensure compliance with federal and state laws.
Canada
Text messaging is governed by Canadian federal and provincial privacy legislation and Canada's Anti-Spam Legislation (CASL), depending on the message type.
What you need to do: In most cases, you can collect and use employee phone numbers without consent if it's reasonable for managing the employment relationship and you provide prior notice. However, as a best practice, consider giving employees a choice about how they receive certain communications. Consult your legal counsel about requirements for your specific organization and provinces.
Europe
The ePrivacy Directive (EU) and PECR (UK) tightly regulate text messages for direct marketing purposes. However, these rules do not apply to text messages sent to employees for management purposes.
What you need to do: Handle employee phone numbers according to data protection law, as they are personal data. Include in your employee privacy policy that you will use phone numbers to send messages, and keep those numbers secure.
Mexico
Text messaging is governed by the Federal Telecommunications Institute (IFT) and the National Commission for the Protection and Defense of Users of Financial Services (CONDUSEF). These organizations have implemented strict rules to protect consumers and prevent fraud.
What you need to do: The guidelines set by the Mexican government require businesses to obtain explicit consent from message recipients before sending SMS messages. Unsolicited SMS messages are prohibited, and companies can face hefty fines for violations. Additionally, all SMS messages must include opt-out instructions that allow consumers to unsubscribe from future messages easily. Companies that fail to include opt-out instructions can also face fines.
How to Get Employee Consent
ContactMonkey offers several methods to collect consent:
- Text-to-opt-in: Post on your intranet or email employees with a description of your SMS program. Include a phone number where employees can text "Yes" to opt in.
- Embedded forms: Create opt-in forms that employees can submit. ContactMonkey can help you create them.
- QR codes: Generate QR codes that employees scan to provide consent.
Important: The consent must cover the specific cell phone number that will receive messages. The person giving consent should be the subscriber or customary user of that phone.
Maintaining Consent After Collection
After receiving consent, you must:
- Keep contact information current: Update phone numbers when employees provide new information.
- Honor opt-out requests: Remove employees from your SMS list immediately when they indicate they no longer want to receive texts.
- Remove terminated employees: Delete phone numbers when employment ends.
Need Help?
ContactMonkey can work with you to implement consent collection methods. For questions about legal requirements specific to your organization, consult your legal counsel.