Anti-Spam Policy
sms.md does not allow messages to be sent without the recipients' consent. The requirements below are mandatory for all customers of the platform and are based on the legislation of the Republic of Moldova: Law No. 62/2022 on advertising, Law No. 284/2004 on electronic commerce, Law No. 195/2024 on personal data protection (in force from 23 August 2026, replacing Law No. 133/2011 and transposing GDPR rules into national law) and the Electronic Communications Law No. 72/2025.
What counts as spam
Spam is a message the recipient did not expect and did not consent to receive. It is assessed from the recipient's perspective, not from the sender's intent.
- sending to a number database that was bought, rented or obtained from third parties;
- numbers collected automatically from websites and social networks, or generated by mask (69XXXXXX);
- advertising to people who left their number for another purpose: order delivery, warranty service, taking part in a survey;
- messages sent after the recipient has opted out;
- sending under someone else's name or under a name that misleads the recipient.
Recipient's consent
Article 26 of Law No. 62/2022 permits advertising via telephone services only with the recipient's prior explicit consent; a similar requirement for commercial communications in electronic form is set out in Article 17 of Law No. 284/2004. The burden of proving consent lies with the sender.
Consent is evidenced by
- a separate, non-pre-ticked checkbox for consent to advertising messages;
- a contract clause, questionnaire or application form completed by the recipient;
- confirmation with a code sent by SMS;
- the stored date, source and wording of the consent.
The following is not consent
- public availability of the number;
- consent to service notifications where advertising is sent instead;
- a database acquired together with a business, from a partner or from a previous contractor;
- a general "I accept the terms" checkbox without a separate item on advertising.
Evidence of consent is retained for the entire sending period and for at least 3 years after the last message, in line with the general limitation period under the civil legislation of the Republic of Moldova. Note separately: claims regarding advertising may be brought no later than 3 months after the last broadcast (Art. 52 of Law No. 62/2022), and our delivery log retention period (6 months, see the Privacy Policy §8) covers that period with a margin. Upon a justified request from sms.md, the customer provides evidence of consent within 3 business days.
Opting out
The recipient may withdraw consent at any time by a simple notice and without giving reasons. The platform operates one-way: inbound SMS are not received and a "STOP" reply never reaches the sender, so the customer states the opt-out method in the message text — a short link to an unsubscribe page, a support phone number or another available channel.
- opting out is free for the recipient and requires no registration or contact with a manager;
- an opt-out is processed within 72 hours at the latest;
- opted-out numbers are added to the stop list and excluded from subsequent uploads.
Sender name
The sender name (3–11 Latin characters and digits) is moderated by the mobile operators, usually within 1–2 business days. The decision rests with the operators; the name must point to a real company or brand to which the customer holds the rights.
- third-party trademarks and the names of banks, public authorities, delivery services and telecom operators are not allowed;
- imitation of system names and short numbers is not allowed;
- changing the name in order to continue a campaign that triggered complaints is not allowed.
Advertising must be recognisable as advertising, and the trader must be identifiable (Art. 7 and 18 of Law No. 62/2022). The platform may request brand documents, including at an operator's request.
Prohibited campaigns
Regardless of consent, sms.md is not used to send messages containing:
- fraudulent schemes, phishing, fake notifications from banks, courier services and public services;
- calls to violence, threats, incitement to hatred;
- political campaigning and calls to mass gatherings;
- adult content and advertising of intimate services;
- drugs, psychoactive substances and prescription medicines;
- gambling, lotteries and betting without the relevant licence;
- financial offers without the right to carry out such activity;
- obscene language, chain messages and get-rich-quick schemes;
- special categories of personal data in the message text — diagnoses, test results and other information about the recipient's health (relevant for clinics, laboratories and pharmacies — such messages are allowed only in a service, not advertising, format and without disclosing the diagnosis in the text).
Separately: campaigns to the 112 emergency service numbers are not allowed, whatever the message contains.
Uploading personal data without a lawful basis for processing it is likewise not allowed. From 23 August 2026, Law No. 195/2024 provides for fines of up to MDL 2 million or 2% of annual turnover; supervision is exercised by the National Centre for Personal Data Protection.
Service and advertising messages
A service message responds to an action by the recipient: a confirmation code, order status, appointment reminder, payment notification. Service messages and OTPs are sent immediately, without a sending window, and require no separate advertising consent.
If such a message includes a discount, a promo code or an invitation to buy, it is treated as advertising in full. Marketing campaigns are sent between 09:00 and 19:00, not on official public holidays or at weekends — as required by the mobile operators.
Measures taken by the platform
Campaigns are moderated before sending. If there is doubt about the text or the source of the database, sending is suspended until the customer provides an explanation. The following measures apply to breaches of this policy:
- a request for evidence of consent for specific numbers;
- suspension of sending and rejection of the campaign;
- blocking of the sender name or of the account in the event of repeated or serious breaches;
- disclosure of campaign details to the operators, ANRCETI and the National Centre for Personal Data Protection upon justified lawful requests.
Funds for traffic blocked because of a policy breach are not refunded; the automatic refund for undelivered SMS applies as usual. Responsibility for the content and lawfulness of a campaign lies with the sender — our customer (Art. 52 of Law No. 62/2022). Separately, the same article imposes its own liability on the distributor and on the medium of distribution of advertising for breaches of the time, place and manner of distribution; in that part sms.md is liable in its own right, and contractual terms do not release us from regulatory oversight. The contractual right of recourse against the customer does not give us immunity before the CNPDCP or the Competition Council. For international campaigns, the law of the recipient's country applies in addition, including GDPR and ePrivacy in the EU.
Spam complaints
If you received a message sent through our platform and did not consent to receiving it, write to [email protected]. Other ways to contact us are listed on the contacts page. To review the complaint we need the recipient's number, the date and time, the full message text and the sender name.
A complaint is reviewed within one business day. If the breach is confirmed, sending to the number in question stops and the measures set out in this policy are applied to the customer.
Changes to the policy
This policy forms part of the sms.md terms of use and of the contract with “ROCK SOFT” S.R.L. It is updated following changes in legislation and operator requirements; the current version is published on this page.
Version of 19 August 2026.