The Spam Act 2003 (Cth) (the Act) regulates marketing emails or messages sent by Australian businesses. Spam is defined in the Act as unsolicited commercial electronic messages. To fall within the Act's scope, an Australian business must send a message that is commercial in nature. Commercial electronic messages are messages in which the purpose (or one of the purposes) of the message is to offer goods or services or to advertise or promote goods or services.
It is important to note that for a message to be considered spam, it does not need to be sent out in bulk – a single electronic message may also be considered spam.
How Do You Get Consent to Send Marketing Emails?
The Spam Act applies regardless of how possession is obtained – either express (expressly consenting to receive marketing communications) or inferred (clients where it is reasonable to believe they would expect to receive marketing from your business). It is important to note that you cannot send an electronic
