E-mail B2B/B2C – Opt-In

It is not permissible to send direct marketing e-mails to individuals without their consent.

Direct marketing e-mails must contain a functional unsubscribe facility. The message must include a clear and conspicuous statement that the recipient may use an electronic address set out in the message to unsubscribe.

The supply, acquisition and use of address‑harvesting software, and of an electronic address list produced using address-harvesting software are prohibited.

 

The Spam Act’s provisions about prohibition, notice, and un-subscription of commercial electronic messages apply on the conditions that the message contains an Australian Link and that it is not considered a designated commercial electronic message (messages that consist of no more than factual information).

The Spam Act requires that all “commercial electronic messages” identify the sender and, unless exempt, be sent with the consent of the recipient and include a functional unsubscribe mechanism.