Over the last year, the Australian Communications and Media Authority (ACMA) has fined numerous businesses for breaching the Spam Act 2003 (Cth). Many of those breaches related to lax marketing practices and slow procedures (see our earlier articles on reviewing your business' marketing settings and penalties for breaching spam laws).
To bring in the new financial year, the ACMA has released a Statement Expectations – Use of consent in telemarketing and e-marketing which sets out its views on the minimum requirements to comply with the Spam Act and the Do Not Call Register Act 2006 (Cth).
As a precaution, businesses should review their current consent practices and how they collect data to ensure any data collected for one purpose is not used for another without consent.
Responsible telemarketing and e-marketing practices
Below are some of the key do's and do not's from the ACMA statement.
To see the full list, visit the ACMA's website here.
Tip
Consent is required before sending a marketing-related email, regardless of its content. An email asking for consent is subject to the same requirements as an email marketing your product or services.
Key takeaways
Several of ACMA's recent actions have followed consumer complaints. If your consumer complaints are high, it is a sign to take action.
Besides consent, businesses should also consider other issues related to content and ensure functional unsubscribe mechanisms. In addition, any non-electronic marketing may be covered by the Privacy Act.
In addition to consent, businesses should also address issues related to content and ensuring functional unsubscribe processes. Furthermore, it's important to note that non-electronic marketing activities may fall under the coverage of the Privacy Act.
Our team of experienced lawyers can help you manage your consent flows and compliance generally. If you have any questions or need assistance, get in touch with our team below.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.