Before you hit send: Complying with the Spam Act – has the recipient consented?

In part one ( here), we touched on figuring out what is and isn't a 'commercial electronic message' under the Spam Act. Now you've drafted your message, but you're not ready to go yet – it cannot be sent unless the recipients have provided their consent.

The Spam Act devotes an entire schedule to the definition of express and inferred 'consent'.

Express consent

As the name suggests, express consent requires that the individual has agreed to receiving the message. This can be achieved through the individual ticking a check box, agreeing verbally or providing an email address for that purpose. Something along the lines of "I consent to receiving updates about your company's products or services" would do nicely.