New National Laws Simplify the Email ‘Unsubscribe’ Process


This article applies to ALL organisations.

Spam Regulations 2021 (Cth).

On 1 April 2021, the Spam Regulations 2021 (Cth) (the new Regulations) repealed and replaced the Spam Regulations 2004 (Cth) (the old Regulations).

The key changes introduced by the new Regulations are discussed below.

New conditions relating to ‘unsubscribe’ electronic messages

Organisations will be aware that section 18 of the Spam Act 2003 (Cth) (the Act) provides that commercial electronic messages that have an Australian link must contain a functional unsubscribe facility, so that recipients of such messages can opt out of receiving future messages. More specifically, section 18(1)(g) of the Act sets out the conditions that must be met for a message to have a functional unsubscribe facility and provides that the electronic address must also comply with any conditions contained in the Regulations.

The new Regulations (like the old Regulations) still prohibit electronic addresses from requiring the recipient of the commercial electronic message to use a ‘premium service’ to send an unsubscribe message. In addition, the new Regulations (like the old Regulations) still provides that the use of an electronic address must not cost more to use than the usual cost of using that kind of electronic address, using the same kind of technology that was used to receive the commercial electronic message.

Organisations should be aware that regulation 7 of the new Regulations has now also introduced new conditions relating to the unsubscribe facility.

Regulation 7 now provides that the use of the electronic address must not require the recipient of the commercial electronic message to provide personal information (within the meaning of the Privacy Act 1988 (Cth)) other than the electronic address to which the commercial electronic message was sent. Moreover, regulation 7 provides that the use of the electronic address must not require the recipient of the commercial electronic message to log in to an existing account (or create a new account), with the person who sent or caused the commercial electronic message to be sent, or the individual or organisation who authorised the sending of the commercial electronic message.

Conclusion

Organisations should ensure that their organisation’s ‘unsubscribe’ email facility complies with the new conditions contained in regulation 7 of the new Regulations (as discussed above).


Contact

For further information please contact the Law Compliance team:

Phone: 1300 862 667

Email: info@lawcompliance.com.au