Reminder or advert? Israel’s spam law and WhatsApp messages to customers
An appointment reminder is a service message, not an advert, so it needs no prior consent. The next message can cost ₪1,000. Where the line falls.
6 دقائق قراءة
Most owners asking "am I allowed to WhatsApp my customers?" get an answer about marketing. Their question is usually about an appointment reminder, and the law treats that as a different category entirely.
The only distinction that matters: service or advertisement
Section 30A of the Communications Law prohibits sending an advertisement without prior consent. It does not prohibit sending messages. A message that performs a service the customer asked for — a booking confirmation, a reminder, a change notice — is not an advertisement and needs no separate consent.
- Service message — "Your appointment is tomorrow at 10:00. Tap here to cancel." They booked; the message does what they asked.
- Advertisement — "Sale! 20% off colour this month." Unconnected to any booking; the purpose is to sell.
- The trap — a reminder with a promotional line at the end. That one sentence turns the whole message into an advertisement.
Statutory damages run to ₪1,000 per message, with no need to prove harm. Twenty customers in one campaign is up to ₪20,000 of exposure.
What this means in practice
- 1Reminders and confirmations — send them without asking for separate consent. They are service.
- 2Keep them clean. No offer, no "follow us", no campaign link.
- 3For marketing — get explicit consent, and record when and how it was given.
- 4On every marketing message — say it is an advertisement, who sent it, and how to opt out.
- 5Honour an opt-out immediately. Continuing after one is the most expensive breach there is.
In Sagarnu reminders and confirmations go out automatically and carry only the appointment details — how it works. The system does not send marketing campaigns, and that separation is deliberate: the side that requires consent stays with you, and so does the liability.
Common questions
Do I need consent to send an appointment reminder?
No. A reminder for an appointment the customer booked is a service message rather than an advertisement, so it falls outside the section 30A prohibition. Consent is required for messages whose purpose is to encourage a purchase.
Can I add a small offer at the end of a reminder?
This is the common mistake. One promotional sentence reclassifies the entire message as an advertisement, and with it every recipient who never consented. Keep the reminder clean and send marketing separately, to people who opted in.
What does a breach cost?
Up to ₪1,000 per message in damages without proof of harm. It multiplies by recipients, which is why one small campaign creates far more exposure than it looks like it should.
Does WhatsApp count the same as SMS here?
Yes. The law covers email, text messages and instant-messaging apps alike. The channel does not change the classification — the content does.
General explanation, not legal advice. The binding text is section 30A of the Communications Law (Telecommunications and Broadcasts), 1982. For a borderline case — especially before a campaign — consult a lawyer.
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