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Rules · 6 countries

SMS & phone marketing rules in Europe

· 3 min read · Leads Fresh DB

Before the first message goes out, it pays to know the rules of the country you are sending to. They are not the same everywhere, and the fines can be far bigger than the campaign budget. This guide sums up the six markets we serve — as a starting point, not legal advice.

The common thread: consent for consumers

All six countries follow the same European idea, from the ePrivacy Directive (2002/58/EC) that the UK kept after Brexit through PECR: marketing by text message to private individuals needs their prior consent. Most countries allow a narrow "soft opt-in" for your own existing customers who bought something similar and were given an easy way to say no.

Phone calls are where countries differ. Some use an opt-out register — you may call unless the number is on the do-not-call list — and others moved to opt-in, where a marketing call needs consent first. On top of that, the GDPR applies to the personal data you hold.

Country by country

CountryTexts to consumersCalls to consumersRegulator
United KingdomConsent (PECR), soft opt-in for own customersAllowed unless the number is on the TPS — screen firstICO
NetherlandsConsent (Telecommunicatiewet)Opt-in since 1 July 2021, except existing customersACM
DenmarkConsent (Markedsføringsloven §10)Unsolicited calls to consumers are largely bannedForbrugerombudsmanden
ItalyConsent (Codice privacy, art. 130)Opt-out: skip numbers on the Registro pubblico delle opposizioni — mobiles too since 2022Garante privacy
PortugalConsent (Lei 41/2004)Consent for individualsCNPD
AustriaConsent (TKG 2021 §174)Consent (TKG 2021 §174)RTR / Fernmeldebüro

Business numbers are not a free pass

Several countries treat companies differently from private people — in the UK, for example, the consent rule for texts covers individuals and sole traders but not limited companies, and corporate numbers have their own do-not-call list (CTPS). Others make no difference at all. Even where B2B messages are allowed without consent, you must say who you are and give an easy way to stop further messages.

A checklist before you send

  • Say who you are in every message — a company name, not just a short code.
  • Give a free, simple way out ("Reply STOP") and honour it at once.
  • Keep a suppression list of everyone who opted out, and remove them from every future list you buy.
  • Screen against the national register where there is one (TPS/CTPS in the UK, the Registro delle opposizioni in Italy) before calling.
  • Keep records: where each list came from, when you sent, what you sent, and every opt-out.
  • Send at reasonable hours in the recipient's time zone — not late at night, not early on a Sunday.
  • Start small: 1,000 numbers first, look at the replies and opt-outs, then scale.

Where a filtered list helps

A list cut to the people your offer is actually for means fewer messages to people who will never care — and fewer complaints. That is why we filter by age, business accounts, device and network. How you use the numbers stays your responsibility: by ordering you agree to use them lawfully (terms).

This guide is a summary for orientation, written in October 2026. Laws change and details matter — check with the regulator or a local lawyer before a large campaign.

Questions & answers

Is SMS marketing legal in Europe?

Yes, with conditions. Texts to private individuals generally need their prior consent, with a narrow exception for your own existing customers. Rules for calls and for business numbers differ by country.

What is the soft opt-in?

An exception that lets a business text its own customers about similar products or services, as long as it collected their number during a sale and gave them a simple way to refuse — at the time and in every message.

Which European countries have a do-not-call register for mobiles?

Among our markets, the UK (TPS, and CTPS for companies) and Italy (Registro pubblico delle opposizioni, open to mobile numbers since 2022). The Netherlands replaced its register with an opt-in rule in 2021.

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