Kenya’s Data Protection Act, 2019 applies to every business that sends marketing SMS using customers’ phone numbers. The Office of the Data Protection Commissioner (ODPC) enforces it and has fined businesses over unsolicited messages. This guide covers the practical steps. It isn’t legal advice — speak to a lawyer for your specific situation.
1. Get consent before you market
A phone number is personal data. To send promotional SMS you need a lawful basis, which for direct marketing generally means the customer’s consent. Record when and how each contact opted in — at checkout, on a form, or by texting a keyword.
2. Always offer a way out
Every promotional message should tell people how to stop receiving them, e.g. “STOP to 22384” or a similar opt-out. Process opt-outs promptly and keep a suppression list so those numbers aren’t re-imported later.
3. Don’t buy or borrow lists
Purchased or scraped number lists have no valid consent. Sending to them risks complaints, fines and sender ID blocks. Build your own list.
4. Separate transactional from marketing
Receipts, OTPs and account alerts that a customer needs to use your service are treated differently from promotions. Don’t slip marketing into transactional alerts.
5. Register as a data controller or processor
Many businesses must register with the ODPC as data controllers or processors, depending on their size and sector. Check whether registration applies to you.
6. Protect the data
- Limit who can export contact lists or send bulk messages.
- Use strong passwords and unique API keys for integrations.
- Keep numbers only as long as you need them.
7. Respect the customer’s time
Send promotions during reasonable hours, don’t flood customers with daily messages, and keep content relevant. Fewer, better messages also improve results.
Connect Media’s Bulk SMS supports contact groups, delivery reports and opt-out handling to help you stay compliant.
Get started with Connect Media
Connect Media provides Bulk SMS, USSD and IVR for Kenyan businesses from one dashboard and API. Create an account to start sending, see pricing, or email info@connectmedia.co.ke.
