Do I Need Consent to Send Marketing Messages on WhatsApp?

You need appropriate permission before sending WhatsApp marketing. WhatsApp's Business Messaging Policy requires opt-in for subsequent messages or calls, and applicable law may require specific marketing consent. In the UK, electronic marketing to individuals generally needs consent unless a defined exception applies. A customer giving you a number for an order or asking a support question is not blanket permission for promotions.

Niwa can assist customers on WhatsApp. Decide separately whether you want it to answer incoming questions or support an authorised follow-up process. The permission needed for a promotion is different from the customer's request for help.

Start by deciding what the message is for

A reply explaining opening hours answers the visitor's question. A message advertising a discount encourages a purchase. An appointment confirmation can be a service message, but adding a promotional offer may change how the whole communication is treated.

Judge the content and purpose rather than the label in your messaging dashboard. Calling a coupon a "utility update" does not make it a service notification. A reminder about an abandoned basket can also be marketing; assess it before adding it to an automated sequence.

With Niwa, customers can ask service questions and complete a booking directly in WhatsApp using the business's information and booking workflow. That service journey does not itself provide permission for later promotional campaigns.

WhatsApp's policy is a platform requirement

The WhatsApp Business Messaging Policy, updated on 23 September 2026, requires the recipient's contact identity and opt-in permission for subsequent contact. It also requires businesses to respect opt-out requests, including requests received outside WhatsApp.

For the Business Platform, templates are required to initiate conversations. You can reply without a template within the 24-hour customer-service window, which opens or resets when the user sends a message. Outside that window, approved templates are required. The window changes the message format you can use, not your legal permission to advertise.

An approved template is therefore only one check. You still need a lawful audience, an appropriate purpose and the permission your communications require. Keep the law and platform policy in separate columns when reviewing a proposed campaign.

UK: assess consent and the precise exception

The ICO's direct-marketing guidance includes direct messaging within electronic mail. For a normal commercial business messaging individuals, the products-and-services soft opt-in can apply only when its conditions are satisfied.

That exception concerns details collected during a sale or negotiations for a sale, marketing of your own similar products or services, and a clear chance to opt out when details are collected and in every message. Merely having a person in a contact list is insufficient. Separately assess any other exception or recipient type that you intend to rely on.

Even when a legal exception applies, WhatsApp's own opt-in policy still needs to be addressed. For customers elsewhere, check the country's electronic-marketing rules; do not export a UK exception to every market.

Collect a choice that the customer understands

An optional, unticked choice can make the intended channel and purpose clear. For a fictional retailer, example wording is:

"I would like River Lane Store to send me product offers on WhatsApp at this number. I can withdraw this choice at any time using the unsubscribe option or by contacting the store."

Use this as an editing example, not a universal consent form. Specify your business, the content the person will receive and a withdrawal route that really works. Adjust it to your local requirements and actual process.

Keep marketing separate from a required phone number used to complete a purchase or appointment. A customer should be able to decline optional promotions without losing ordinary service. Do not rely on a statement buried in the privacy policy as the person's affirmative choice.

Keep the evidence and act on withdrawal

Record who made the choice, when it was made, the wording they saw, the source and the purposes it covers. Retain enough evidence to demonstrate permission without preserving unnecessary conversation content forever.

Maintain an appropriate suppression record so an opted-out contact is not added again by the next import or campaign. Keep access limited and distinguish that record from an active marketing audience. Under EU GDPR, Article 21 provides a right to object to processing for direct marketing.

Test withdrawal through the actual channels your business offers. A person asking the team to stop messages should not have to find one exact phrase in one language. Your staff and supported workflow should recognise the meaning of the request and act on it.

Check permission before enabling follow-up

The Niwa configuration guidance can help you plan the supported customer workflow. Confirm which records supply the audience and whether the installation can apply the intended restrictions. Where a process needs manual review, keep that review rather than assuming permission is automatic.

Before a marketing send, verify the purpose, recipient permission, any applicable legal exception, template requirements and opt-out handling. Test with authorised internal recipients before using customer contact details.

Existing WordPress owners can use the standalone Niwa plugin. Niwa Business is USD 150 for a custom WordPress website or migration, hosting, maintenance and AI adaptation. Contact Niwa about the WhatsApp workflow you need and explain whether it is inbound support, website booking or a separately permitted marketing follow-up.

Platform and legal sources checked on 9 October 2026. Assess local law for each market you message.