Previously ( part two here), we touched on figuring out what is and isn't a 'commercial electronic message' under the Spam Act along with the consents required to send such a message. Throw in the correct identification and a functional unsubscribe, and you're good to go.
The message must contain information that accurately identifies the person or organisation that authorised the sending of the message. This includes information about how the recipient can contact them.
If a third party sends messages on your behalf, the message must still identify you.
Each message must contain a functional unsubscribe facility which allows the recipient to opt out from receiving any future messages. An unsubscribe request must be honoured within five working days.
The unsubscribe facility can include an email address for opt out requests, a link to a website with an unsubscribe function or simply the unsubscribe function itself.
And now you're compliant. Easy.
Last week, ACMA issued a very topical formal warning to retail wine merchant Get Wines Direct for breaches of the Act. After an investigation, ACMA determined that GWD, in the process of rebuilding its marketing database, had included previously unsubscribed email addresses and subsequently sent emails to them. It remains to be seen whether ACMA will need to take any further steps to ensure GWD is complaint. If only GWD had been reading our updates.
Penalties of up to $1.7 million per day can be imposed for breaches of the SPAM Act and ACMA is getting bitey.
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