Recent mobile network development means it is now possible to use just one 5 digit shortcode that is accessible by both UK and ROI.
Post publication note: since publishing this article there have been some significant changes in regulation in Ireland, please also see our entry on how running SMS promotions in Ireland is now much easier.
This presents a fantastic opportunity for companies who operate across these geographical areas, however you must tread with caution. Our recent experience, whilst running promotions for a couple of household brands, has highlighted the difference in regulatory requirements in each country.
Current RegTel legislation defines Premium SMS as follows: 2.14 Premium SMS (PSMS) means the use of SMS (Short Message Service) to provide a content service or product to a Consumer, whether or not a premium rate charge is imposed.
The Code of Practice also states: 3.3.4 PSMS falling within the number range 50xxx to 59xxx requires the prior written permission of the Regulator.
This effectively means that any service using any shortcode accessible in Ireland, for what ever purposes, falls under RegTel’s regulations and needs prior approval before going live.
Our experience in recent months is that RegTel’s interpretation of their own code of practice can conflict with advice given in the UK by the ISP, ICSTIS, CAP and the ASA. And, whilst RegTel are not a government regulator, they do have the power to turn services off.
Our advice at this stage is to ensure that when considering a promotion that covers ROI allow sufficient time to consult with your mobile Service Provider and be prepared to tweak any promotion to come in line with RegTel’s guidance.
I will keep you updated with any further lessons learned.