How to stop betting marketing SMS and calls under data protection law

Tell the operator in writing that you object to direct marketing and withdraw consent. Kenyan rules require prior consent for marketing, a free and simple opt-out in each message, and no further use of your data once you opt out. If messages continue, keep evidence and complain to the Data Protection Commissioner.

By WebTech Kenya Editorial (prepared with AI tools under our editorial policy) · Last updated 2026-10-09

What the rules say about betting marketing

Two layers of law apply when a licensed operator texts or calls you with promotions. The gambling rules say that personal data collected during gambling operations shall not be used for any form of marketing without the participant's prior consent (Conduct of Gambling Operations Regulations, 2026, r.96(3)). The data protection rules then set out how that consent and its withdrawal work.

The Gambling Control Act already expects an online operator's approved control system to include data protection measures under the Data Protection Act (s.68(2)(h)). In the vocabulary of the guide to personal data terms for gambling accounts, you are the data subject and the operator is the data controller.

Your rights in plain terms

What every marketing message should contain

Regulation 17 says a controller communicating with you about direct marketing shall include a prominent statement that you may make an opt-out request. It lists ways to do this: a single-word reply to a text, a link to a subscription control centre in an email, and telling a phone-call recipient that they can opt out verbally. It also asks for instructions on how to opt out in each message.

Regulation 15(2) adds that direct marketing messages sent by any means must indicate particulars to which you can send a restriction request without incurring charges. Regulation 17(4) requires an option to opt out of all future direct marketing, even where the operator offers finer preferences. A message with none of these features is useful evidence.

Steps to stop the messages

1. Save evidence first: screenshots of the SMS or call log showing the sender, date and time.
2. Check whether the message is genuine. A text that asks you to click a link or share a code before it will "stop" is a scam pattern, covered in the guide on recognising betting phishing SMS.
3. Use the opt-out the operator itself provides, such as account settings or the data contact in its terms. A single-word reply is one method regulation 17(2)(c) allows, but use it only if the message clearly comes from the licensed operator and states the instruction.
4. Send a written request by email or the in-app form. Use the wording suggested below, keep a copy and note the date.
5. Ask for written confirmation that your number is removed from marketing lists, including lists held by third parties.

Wording for the written request

Keep it short and factual. Identify the account by registered phone number and username, and never send a password or PIN.

Illustrative example: a customer writes on the 2nd, then receives promotional texts on the 6th and the 11th. The customer saves both texts, replies to the operator quoting regulation 16(2) with the screenshots attached, and notes the dates for any later complaint.

What opting out does not do

Opting out stops direct marketing, not the account. If you also want the account closed and the data erased, follow the guide on asking a betting operator to delete your account and data, which explains what an operator may legitimately keep. The wider structure of operator duties is set out in the gambling control system guide.

If the reason you want the messages to stop is that gambling is causing harm, a marketing opt-out is not enough. Under section 115 of the Gambling Control Act a person may enter a self-exclusion agreement covering all gambling, including online, and notify the Authority. A licensee must then take reasonable steps to stop marketing reaching that person and remove their contact details from marketing databases within two days of receiving the completed notification (s.115(4)(b)-(c)). The conduct regulations also bar a person entered in the self-exclusion register from receiving promotions or marketing material (r.70(7)(c)). Support options are on the responsible gambling page.

If the messages continue

Write once more, quoting your earlier request and regulation 16(2). If the operator still does not comply, a data subject may complain to the Office of the Data Protection Commissioner under section 56 of the Data Protection Act. The ODPC page says complaints are filed online at cie.odpc.go.ke, that copies of supporting documents should be attached, and that written authorisation is needed to file on someone else's behalf.

The General Regulations also make it an offence for a controller to use personal data for commercial purposes without the data subject's consent (r.15(4)), with a fine of up to KES 20,000, up to six months' imprisonment, or both. Whether that applies to your facts is for the authorities to decide, so describe what happened and leave the legal label to them.

Limits of this guide

Network-level blocking, such as short-code opt-outs offered by mobile networks, was not checked against an official network page for this guide, so it is not described here. Check your own network's official site for what it offers. Gambling is addictive: play responsibly, and only if you are 18 or over.