Bermuda SMS/MMS Marketing Guidance Note

Note: This article is one of three included in the OneTrust DataGuidance: Bermuda – Direct Marketing Guidance Notes series.

1. Governing Texts

1.1. Legislation

The Personal Information Protection Act 2016 (as amended) (PIPA)

The Electronic Transactions Act 1999 (as amended) (ETA)

The Standard for Electronic Transactions (the ETA Standard)

The Electronic Communications Act 2011 (ECA)

Other relevant Bermuda legislation

Cross-border marketing of products or services by an overseas company (a body corporate incorporated outside of Bermuda) to customers in Bermuda could be construed as carrying on business in Bermuda and, if so, would be prohibited unless the overseas company holds the requisite permit issued under the Companies Act 1981. Whether such marketing activity would be deemed to constitute carrying on any trade or business in or from within Bermuda on a continuing basis will turn on the specific facts and circumstances of the case,