The Australian Communications and Media Authority (ACMA), who regulate unsolicited communications including marketing by phone, email and SMS are currently undertaking compliance activities.
This is a timely reminder of the Federal Government laws outlined in the Spam Act 2003.
It’s important that organisations understand their responsibilities under the act.
Using SMS and email for marketing purposes can be effective for organisations, but if customer data is not being treated appropriately, organisations can be penalised under the act.
A recent fact sheet provided by the ACMA outlined 3 fundamental steps to help businesses communicate with customers appropriately under the act.
1 – Have the consent of each person who will be sent a message.
This includes if another business is sending messages on your behalf. You must be able to produce evidence of consent if asked by the ACMA.
2 – Include a way to unsubscribe.
Commercial messages must generally include an unsubscribe, ‘opt-out’ or ‘stop’ option that:
3 – Review your processes regularly and check your outsourced providers are following the rules.
Don’t assume your processes are correct or your third-party providers are doing the right thing. Your business is liable, and you cannot outsource your risk. Make sure you have good oversight and quality assurance in place.
Find out more about the spam rules, including consent and unsubscribe here.
