Simple 3 Step Australian SPAM Act Compliance

Is your business following Australian SPAM Act Compliance and keeping your business safe from fines and penalties?

Their are a few simple steps your business can take when compiling and sending the content of your commercial messages to ensure that compliance.

Step 1 – Get Consent: You should only send commercial messages when you have consent. This should be expressed via an opt-in on a web form or express permission from the proposed recipient. Consent can also be possibly inferred with an ongoing business relationship with them.

Step 2 – Identify: Your commercial messages should always contain clear and accurate identification of who is responsible for sending the message, and how they can be contacted. It is important for people to know who is contacting them, and how they can get in touch in return. This will generally be the organisation that authorises the sending of the message, rather than the name of the person who actually hits the “Send” button.

Step 3 – Unsubscribe: Your commercial messages should contain an unsubscribe facility, allowing people to indicate that such messages should not be sent to them in future. All commercial electronic messages must contain a functional unsubscribe facility, allowing people to opt-out from receiving future messages. Such a request must be honoured. The Spam Act specifies that the person’s consent has been withdrawn within five working days from the date that the unsubscribe request was sent (in the case of electronic unsubscribe messages) or delivered (in the case of unsubscribe messages sent by post or other means).

Of course this is an automated process within email service providers, automatically updating or changing the opt in status once the recipient clicks on the relevant link is all part of the standard customer lifecycle.

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