What is valid consent?
Under the GDPR, consent for WhatsApp marketing must be:
- Freely given: Not under pressure or as a condition for something else
- Specific: Clear for which purpose (WhatsApp messages)
- Informed: Knowing what to expect
- Unambiguous: An active action (no pre-checked boxes)
- Revocable: Easy to withdraw
Generic consent for 'marketing' is not enough for WhatsApp.
What does Dutch law say?
The Dutch Telecommunications Act and the GDPR are leading:
- WhatsApp messages count as electronic messages
- You need prior consent for marketing
- An existing customer relationship is not automatically an opt-in
- The fine for a breach can run up to €900,000
In practice: be explicit, document consent, and make unsubscribing easy.
Service vs marketing messages
- Service messages (no extra opt-in needed):
- Order confirmations and updates
- Appointment reminders
- Account notifications
- Replies to customer questions
- Marketing messages (opt-in required):
- Promotions and offers
- Newsletters and updates
- Cross-sell and upsell
- Event invitations
The line: does the customer send the message, or do you send it unsolicited?
WhatsApp Business App vs API
| Feature | Business AppAppFree | Business APIAPICommuniQate |
|---|---|---|
| Multiple users | Max 4 | Unlimited |
| Shared inbox | ||
| Automations | ||
| CRM integration | ||
| Sending campaigns | ||
| Managing templates | Limited | Full |
| Analytics & reporting | ||
| Cost | Free | From €39/month |
8 practical opt-in methods
- 1Website form with checkbox: "Yes, I'd like to receive tips via WhatsApp"
- 2Checkout process: Optional tick box at order
- 3Pop-up with value proposition: "Get 10% off"
- 4QR code with opt-in flow: Scan → WhatsApp → Confirm
- 5Click-to-WhatsApp ad: Click and send a message
- 6Customer service conversation: Ask at the end of the conversation
- 7Email campaign: Link to a WhatsApp opt-in
- 8In-store sign-up: Form at the register
WhatsApp Sales Process
How do you set up a good opt-out?
Make unsubscribing as easy as subscribing:
- Put in every message how to unsubscribe
- "Send STOP to no longer receive messages"
- Respect STOP immediately, no "Are you sure?"
- Confirm the unsubscribe: "You're unsubscribed, take care!"
- Process it in your CRM so you don't contact them again
A low opt-out rate comes from relevant content, not from making it hard.
What do you record in the CRM?
Document per contact:
- Opt-in date: When consent was given
- Opt-in source: Website, in-store, ad, etc.
- Type of consent: Marketing, service, or both
- Opt-out date: If applicable
- Proof of consent: Screenshot, log, or form ID
This is crucial in the event of a GDPR audit or a customer complaint.
Migration checklist
Compliant WhatsApp Marketing with CommuniQate
CommuniQate helps you with compliant opt-in management. From automatic consent tracking to easy opt-out handling, all built into the platform.
Frequently asked questions
Can I message existing customers without opt-in?
Only service messages such as order updates. For marketing you need explicit opt-in, even for existing customers.
Does email opt-in also count for WhatsApp?
No, consent is channel-specific. You need a separate opt-in for WhatsApp, even if someone already receives email.
What if someone messages me first?
Then you can reply for 24 hours without a template. For further marketing after those 24 hours you still need opt-in.
How long is opt-in valid?
There is no legal term, but best practice is to reconfirm after 1-2 years of inactivity. Keep your list clean and relevant.
Maico Gieteling
Founder of CommuniQate and WhatsApp expert
Expert in business WhatsApp communication and customer contact strategies, with years of experience helping businesses with their digital customer communication.