Restaurant Email and SMS Marketing Rules

In short: email and text marketing works well for restaurants, but only when guests have agreed to hear from you and can easily stop. Collect consent properly, say who you are, make unsubscribing easy and send messages that are worth opening. This is general information, not legal advice.

UK points follow the ICO's guidance on electronic mail marketing as of October 2026. Check current law in each country where you trade.

Your own list is the cheapest and most reliable marketing channel you have, because you own it. Unlike social media, no algorithm decides who sees your message. The cost is that the law protects people from unwanted messages, and the rules are stricter than many owners expect.

The UK rules in plain words

The ICO, the UK data protection regulator, explains the rules for electronic marketing under PECR. Its guidance on electronic mail marketing says:

• You generally need the individual's specific consent before sending marketing emails or texts. An opt in box is one way to get it.
• Soft opt in: you may market to your own existing customers about similar products or services without fresh consent if they bought from you, or discussed buying, and you gave them a clear way to opt out both when you collected their details and in every message.
• The soft opt in does not cover prospective customers, bought in lists or non commercial promotions.
• Do not disguise or conceal who you are.
• Include a valid address so people can opt out.
• The rules cover emails, texts, picture and video messages, voicemails and direct messages on social media.
• Sole traders and some partnerships are treated as individuals, so the same rules apply to them.

See the ICO's guide to electronic mail marketing. Data protection law (UK GDPR) also applies to how you store and use the data.

The EU and other countries

The EU's ePrivacy rules and GDPR work in a similar way, with national differences in how the soft opt in or the equivalent applies. In many countries, express consent is required for marketing texts and emails. Gulf states and others have their own telecom and data laws. Ask a local adviser before launching.

The US in brief

In the United States, commercial email is covered by the CAN-SPAM Act, which requires, among other things, honest sender information and a working opt out that you must honour promptly (the usual figure given is ten business days). Marketing text messages fall under the Telephone Consumer Protection Act, which generally requires prior consent for automated marketing texts and proper handling of opt outs, and several states add their own rules. Because penalties can be heavy, get current advice from a lawyer or your messaging provider before you send marketing texts.

Build your list properly

Where does consent come from?

• At checkout or online ordering: an unticked box saying "Send me offers and news by email" with a short plain explanation.
• At the table or the till: a QR code or card that links to a sign up form.
• At booking: a separate, optional box, not mixed with the booking terms.
• In your loyalty programme: a clear choice at joining. See loyalty programmes.
• On your website: a simple form with the same wording.

Record when and how each person agreed and what they were told. Keep a list of people who have unsubscribed and never send to them again, even if they later appear in a new import.

What to send

Make every message earn its place. Good restaurant messages include:

• New dishes or a seasonal menu, with one photo.
• Events: a tasting night, live music, a private dining offer.
• Practical news: changed hours, a holiday closure, a new ordering option.
• Loyalty updates: points balance, a reward ready to use, a stamp card nearly full. See loyalty programmes.
• A thank you after a first order, with a clear way to order again.
• A birthday or anniversary message if the guest gave the date and agreed.

Avoid sending the same discount every week. Guests learn to wait for it, which lowers your margin. See how to price a menu.

Service messages are different

Order confirmations, booking confirmations and reminders, and delivery updates are needed for the service. They are not marketing, as long as they contain no promotion. If you add an offer to a service message, it may be treated as marketing, and the consent rules apply. Keep them separate. See reduce no shows.

Write messages that work

• A clear sender name, such as the restaurant name.
• A short, honest subject line that matches the content.
• One main message and one action, such as "See the new menu" or "Book a table".
• A photo if it helps, with alt text, and not too heavy to load on a phone.
• Plain language and short paragraphs. Most people read on a phone.
• Your address and an unsubscribe link in every email, and "Reply STOP to opt out" in every text, where that matches the rules.
• Accurate offers with clear dates and terms.

For SMS, keep to one short message, identify the restaurant, and send only in sensible hours.

How often

Start with one email a month and see how people respond. If they open and order, try every two weeks. Texts should be rarer: use them for time sensitive news such as a table that has opened up or a flash event. A guest who gets too many messages unsubscribes or marks you as spam. Both hurt.

Measure and learn

Track four numbers per message: delivered, opened, clicked and orders or bookings linked to it, and the number who unsubscribed. Compare messages and keep what works. Open rates can be unreliable, because some mail apps load images automatically, so focus on clicks and orders.

DineHarbor's loyalty tools and online ordering give you a base of guests and orders to learn from. Check your own setup to see which customer details you collect and the consent you record, and keep your marketing consent separate from the order itself.

Keep it clean

• Review your list twice a year: remove addresses that bounce and people who never open.
• Honour unsubscribes the same day, if you can.
• Keep records safe and limit who can see them.
• Update your privacy notice to describe how you use the data.
• Include social media and your Google profile in a single message calendar.

A simple monthly plan

Example consent wording

Plain wording works best, with the choice unticked by default. For example: "Yes, send me news and offers from the restaurant by email. You can unsubscribe at any time using the link in every message." For texts: "Yes, send me occasional text messages about tables and events. Reply STOP at any time to opt out." Put a link to your privacy notice beside it. Do not bundle this box with your terms and conditions, and do not make it a condition of ordering.

For the UK soft opt in, show a short line at checkout, such as "We may email you about similar dishes and offers. You can opt out here and in every email," with a working opt out at that moment. Keep a record of the wording that was shown on the date each person ordered.

When a guest complains about a message

Treat it as a request to stop. Remove the person from every list the same day, confirm in one short reply, and note it. Then check how they got on the list and fix the cause. If a guest asks what data you hold on them, or asks for it to be deleted, follow your data protection process and reply within the time the law gives you. A calm, prompt answer prevents most formal complaints.

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