Marketing SMS in Italy are governed by the GDPR, the Italian Data Protection Code (Legislative Decree 196/2003 as amended by D.Lgs. 101/2018) and the rules of the Italian DPA (Garante per la protezione dei dati personali). Together they require a prior, free, specific and documented consent before any commercial SMS.
No consent, no SMS: Fines from the Garante can reach €20 million or 4% of global turnover under the GDPR; unsolicited SMS are a frequent enforcement target.
Key requirements
| Requirement | What it means |
|---|---|
| Prior opt-in | Free, specific, informed consent (GDPR + Codice Privacy) |
| Identification | Sender clearly identifiable in every SMS |
| Easy opt-out | Free and immediate (typically STOP) |
| Sending hours | Avoid before 09:00 and after 21:00 local time |
| Records | Keep date, source and content of consent |
Public registry of objections
Italy maintains a national do-not-call/SMS registry (“Registro Pubblico delle Opposizioni”). Even with a valid opt-in, you may need to check it for B2C numbers depending on the source of your data.
Best practice: Document every opt-in (form URL, timestamp, IP) and refresh consent every 24 months for inactive subscribers.
Other rules
Sender IDs and short codes must comply with AGCOM rules. For an overview across countries, see SMS laws and restrictions.
Stay compliant before your next Italian campaign
Use Mailpro’s opt-in management and STOP keyword handling. Read how to send SMS with Mailpro.