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Email spam - are you sending it?

Commercial email messages are only considered to be spam if they are sent without the prior consent of the recipient. But what is prior consent?

Email spam - are you sending it?

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.
The evolution of spam

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