Two consent rules, pulling in different directions
Peru's data-protection rules and its consumer law both speak to WhatsApp promotions, and they do not say the same thing.
The data-protection Reglamento approved by Decreto Supremo 016-2024-JUS allows a single first contact to ask someone for consent. The Consumer Code, as amended by Ley 32323 in May 2025, goes further for promotions: no calls, SMS or mass electronic messages to promote products, unless the consumer contacted the provider on their own initiative and gave free, prior, informed, express and unequivocal consent.
For a WhatsApp programme the stricter rule decides the design. Do not read the Reglamento's first contact as permission to message prospects. Build entry points where the customer writes to you, ask for consent inside that conversation, and record it. Neither text names WhatsApp, but 'mensajes electrónicos masivos' and 'cualquier otro medio análogo' are broad, and a breach of the Consumer Code rule is a very serious infraction.