All businesses utilizing the WhatsApp for Business channel must adhere to the rules and regulations as stated in the WhatsApp Business Policy, which can be viewed in more detail here.

Per Meta regulation - Businesses are required to obtain opt-in before opening marketing, utility, and authentication conversations with customers outside the 24-hour window. Businesses can obtain opt-in in a multitude of ways, both on and off WhatsApp.

Requirements

• Clearly state that a person is opting in to receive messages from the business over WhatsApp.
• Clearly state the business's name that a person is opting in to receive messages from.
• Comply with applicable law.

Exception for gaining explicit consent: Implicit consent is derived for 24 hours when a customer begins a Customer Initiated Journey. If an opted-out customer starts a Customer Initiated Journey, you are permitted to communicate with them within the 24-hour window.

More information can be found in Meta’s Policy here.

Stated in Meta’s WhatsApp for Business Policy, the following exchanges are disallowed:

• Firearms
• Alcohol and tobacco
• Drugs, whether prescription, recreational, or otherwise
• Medical and healthcare products
• Endangered species (wildlife and plants)
• Live non-endangered animals excluding livestock
• Hazardous goods and materials
• Real, virtual, or fake currency, including ICOs and binary options
• Body parts or fluids
• Business models, goods, items, or services that may be fraudulent, misleading, offensive, or deceptive
• Real Money Gambling and Gaming (with limited exceptions as noted in Section 5 and 6)
• Adult products and services
• Dating services
• Multi-level marketing
• Payday loans, paycheck advances, peer-to-peer lending, debt collection, and bail bonds

WhatsApp Business messaging that promotes online gambling and gaming must comply with all applicable local laws and industry guidelines. Messaging may not be sent to people under 18 years of age.

Allowed Countries:

• Australia
• India (state-specific restrictions apply)
• Japan
• Colombia
• Mexico
• Peru

If you are a Gaming Business in an allowed country, please fill out the required form upon WABA creation: Form Link.

• Obtaining Consent
• Stating Your Purpose
• Terms and Conditions

Before sending any WhatsApp campaigns via OptiText WhatsApp, ensure you have your customers’ consent to receive messages. Consent must be given explicitly (via an opt-in checkbox, pop-up, etc.).

In your WhatsApp message, clearly identify your brand and explain the purpose of the message (e.g., promo code, order update) while emphasizing the value provided to the customer.

Keep your Terms and Conditions up-to-date and include them in every promotional message. This is especially important in regulated industries.

Regulation

US Telephone Consumer Protection Act of 1991 (TCPA): Companies must obtain explicit consent and inform customers how their data will be used. Emergency texts and non-profits may be exceptions.

US Cellular Telecommunications Industry Association (CTIA): Follow CTIA’s guidelines (e.g., Short Code Monitoring Handbook and Messaging Best Practices) for ethical messaging.

Canada Anti-Spam Legislation (CASL): Companies must obtain consent, provide identification information, and include an unsubscribe mechanism.

For more information on consent management for WhatsApp with Optimove, learn more here.

Regulation

General Data Protection Regulation (GDPR): Obtain explicit consent, provide opt-out options, and keep records of consent.

Privacy and Electronic Communications Regulations (PECR): Get explicit consent for promotional messages and include clear opt-in/opt-out mechanisms.

Content Guidance

Include an opt-out message (e.g., reply “STOP”) in every campaign, clearly identify your brand and purpose, and provide a full privacy policy.

Regulation

General Data Protection Regulation (GDPR): Obtain explicit consent, offer clear opt-out options, and process personal data lawfully.

Content Guidance

Ensure customers can opt-out, avoid spamming their inbox, clearly identify your brand and purpose, and include a complete privacy policy. Avoid URL shorteners to prevent blocking.

Regulation

Companies must obtain explicit consent through a clear opt-in mechanism and offer an opt-out option. Messages must be clearly identified as marketing and comply with local laws.

Content Guidance

Avoid forbidden topics such as mobile gambling, illicit language, adult themes, political speech, and religious topics. Transactional messages may be exempt from prior consent.