What laws and regulations do you need to be aware of in email marketing?
Any common mistake people often make in the legal aspect of things? What regulations should you know?
In Australia, mass email marketing and spam is covered under a Commonwealth act known as the Spam Act 2003. The act in a nutshell tells marketers (or anyone sending an email) their electronic messages (yes, it also covers SMS):
- Unsolicited commercial electronic messages must not be sent unless it is a designated commercial electronic message defined at Schedule 1 of the act.
- Commercial electronic messages must include information about the individual or organisation who authorised the sending of the message.
- Commercial electronic messages must contain a functional unsubscribe facility.
- Address‑harvesting software must not be supplied, acquired or used.
- An electronic address list produced using address‑harvesting software must not be supplied, acquired or used.