The Australian Spam Act refers to spam as "unsolicited
commercial electronic messaging". To comply with Australia's spam laws, any commercial email you
send must meet the following conditions:
- it must be sent with the recipient's consent. They may give express
consent, or consent may be inferred from their conduct and 'existing
business or other relationships'
- it must contain accurate information about the person or
organisation that authorised the sending of the message
- it must contain a functional 'unsubscribe' facility to allow the
recipient to opt out from receiving messages from you in the future
What is express consent?
- Recipient has subscribed to your emailing list.
- Recipient has ticked a box consenting to receive advertisements from you.
- Recipient has specifically requested such material from you in person or over the telephone.
What is inferred consent?
- An existing relationship. [i.e. shareholders;
subscribers; registered users of online
services; members of a club; employers and
employees; or contractors.
- Follow-up communications to purchasing goods
or services.
- Recipient has provided their address with the
understanding that it would be used in dayto-
day transactions.
- Online registration of a product or a warranty.
- Recipient has conspicuously published their
email address online or on a business card.
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