Sending WhatsApp promos to customers in Morocco: law 09-08 explained

WhatsApp promos to customers: what law 09-08 says (CNDP sheet)

The CNDP (Morocco's personal data protection authority) publishes a sheet on commercial prospecting: https://www.cndp.ma/wp-content/uploads/2025/07/fiche_CNDP_Prospection_RT_fr.pdf (consulted on 23/10/2026). It is based on law 09-08 on the protection of individuals with regard to the processing of personal data.

In short, the sheet sets out four points. Read the sheet itself before you decide: it is the reference, not this summary.

• Prior consent: the person must agree before receiving any prospecting.
• Declaration: processing the data used for prospecting must be declared to the CNDP before it starts.
• Exception: you collected the number directly from the customer during a sale, the offers are for similar products or services from your business, and you gave them a free, simple way to refuse at that moment and in every message.
• Free opt-out: the person can refuse further messages at no cost.

Is WhatsApp covered by the sheet?

This is the real question for a café or a snack bar. The sheet covers prospecting by SMS and by e-mail. As far as we know, the CNDP has not published a position specific to WhatsApp.

So the careful choice is to treat WhatsApp like those channels: ask for consent before the first offer, keep a record of that consent, and make stopping easy. If you are unsure about your case, ask the CNDP or a lawyer.

What this means at the counter

A number written in a notebook or copied from a group does not mean that person agreed to your offers. What matters is clear consent, given by the customer, to receive messages from your business.

• Ask with a simple question, with no box ticked in advance.
• Keep the date and the customer's answer.
• Put your business name at the start of every message.
• Say how to stop (for example, reply STOP).
• Space messages out: an offer now and then, not every day.
• Never sell or share your customer list.

WhatsApp Business broadcast lists and their limits

Many shops use the broadcast list in the WhatsApp Business app. According to respond.io's guide (https://respond.io/fr/blog/whatsapp-broadcast, a third-party source, not WhatsApp, checked on 23/10/2026), each list holds at most 256 contacts, and only recipients who saved your number receive the message. These limits may change.

The list does not record who agreed to your offers or when. You have to keep that yourself.

How Stampylo collects the customer's consent

With Stampylo, the customer writes first. They save their loyalty card with one WhatsApp message. Then, once only, they get one question with two buttons: "Would you like to receive offers and gifts from [your business] here on WhatsApp?" They answer "Yes, please" or "No thanks".

The ticket page also has an unticked box to opt in, and unticking it withdraws consent. The loyalty card works either way: saying no to offers removes no stamps.

• Offers go only to customers who accepted marketing messages.
• At most one offer message a week.
• The customer sends STOP, ARRÊT or «وقف» and gets no more offers on WhatsApp; their card stays active.
• After "No thanks" or STOP, the question is never asked again on WhatsApp.
• The reminder to customers who stopped coming can also be stopped at any time.

What Stampylo does not do for you

Stampylo does not claim to be "CNDP compliant" and has no confirmed CNDP declaration. If you keep a customer file for your offers, check yourself whether you need to declare it to the CNDP.

Stampylo sends no SMS. Offer campaigns are bought as credit packs, on top of the subscription (MAD 149 per month, MAD 399 for 3 months or MAD 1,490 per year). Free 14-day trial, no card needed.

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