Have you met your SPAM obligations?
Learn about the 3 golden rules relating to emailing customers.
New Australian legislation – the Spam Act 2003 – came into effect on 10 April 2004. The Act defines spam as "unsolicited commercial electronic messages".
Spam is a term used to define electronic junk mail which by its sheer volume causes inconvenience to individuals and businesses, clogging computer systems, wasting time and irritating users. While it may simply invite a user to visit a website or buy a particular product, it often contains offensive or fraudulent material and can be used to spread computer viruses.
What is the effect of the Spam Act?
Under the Spam Act 2003 it is illegal to send, or cause to be sent, "unsolicited commercial electronic messages" that have an Australian link.
A message has an ‘Australian link’ if it either originates or was commissioned in Australia, or originates overseas but has been sent to an address accessed in Australia.
What does the Spam Act cover?
The Spam Act covers electronic messages – emails, mobile phone text messages (SMS), multimedia messaging (MMS) and instant messaging (iM) – of a commercial nature. It does not cover voice or fax telemarketing.
What are the penalties?
The legislation sets out penalties of up to $1.1 million a day for repeat corporate offenders. The Act also provides for orders for forfeiture of profits derived from spam, and payment of compensation to spam victims.
How do I comply with the Spam Act?
To comply with the Spam Act, all commercial electronic messages you send must meet the following 3 conditions:
1. Consent - It must be sent with the recipient’s consent. The recipient may give express consent, or consent may be inferred from their conduct and your existing business or other relationships.
2. Identity - It must contain accurate information about you (being the person or organisation) that authorised the sending of the message.
3. Unsubscribe - It must contain a functional unsubscribe facility to allow the recipient to opt out from receiving messages from you in the future.
Note that under the Spam Act a single commercial electronic message can be considered as spam.
The Spam Act also prohibits the supply or use of address-harvesting software for the purpose of sending spam.
Exemptions
Electronic messages from certain sources are exempted from the legislation. These include certain messages from government bodies, registered political parties, charities, religious organisations, and educational institutions.
Factual messages with no commercial content are also exempted, but the sender must still include accurate identifying information.
Issues you need to consider
- Developing company email/electronic message policies
- Reviewing your existing marketing databases to ensure consent is obtained from recipients
- Developing future collection and use of electronic addresses policies, ensuring that consent is obtained to receive commercial electronic messages
- Considering whether your business should protect the publication of its own electronic addresses through using a no spam message
- Revising email templates to clearly include your business' details
- Establishing unsubscribe procedures
- Developing awareness in use of electronic messages
- Putting effective security measures in place, such as firewall and anti-virus software to ensure spammers cannot infect your computer systems
How do I find out more?
For more detailed information on the requirements of the Spam Act 2003 and how to protect your business from spam visit the Australian Communications Authority website. www.aca.gov.au
|
