What is the Spam Act 2003?

The Spam Act 2003 is an Australian law regulating the sending of unwanted marketing messages to Australian audiences, such as spam emails, SMS, and MMS.

The Spam Act 2003 mandates that your brands’ commercial messages must include accurate information about your ecommerce and contain functional and easy-to-use unsubscribe options so your subscribers can opt out of receiving future messages.

Commercial message requirements under the Spam Act 2003

1. Obtain consent

You can’t send commercial electronic messages (CEMs) unless your subscribers have explicitly agreed to receive them. There are two types of consent: express and consent.

Express consent

Express consent is given explicitly by a subscriber, meaning they have directly agreed to receive your messages. You can obtain express consent through:

  1. Subscription forms: When someone fills out a form on your website indicating they want to receive your emails.
  2. Written agreements: When a person signs a document or sends an email stating they wish to receive your messages.

Inferred consent

Inferred or implied consent is when you assume you have permission to email someone because you have an existing relationship with them. It applies in the following situations:

  1. Existing business relationship: You have an established customer relationship with the recipient, such as when a customer contacts you with a question about their order.
  2. Memberships: The recipient is an organization, club, or association member expecting to receive messages relevant to their membership.
  3. Transaction history: The recipient has previously purchased products from you, so there’s a reasonable expectation that you might email them about new offers.

2. Sender identification

When sending a CEM, it must clearly state who you are and what your brand’s name is. Make sure to include your contact details, such as a physical address, email address, or a link to your website where customers can easily find your contact information.

The contact details you provide should be accurate and remain up to date for at least 30 days after sending the message.

3. An opt-out mechanism

You need to include an easy way for your customers to opt out of receiving future marketing messages. Here’s what you should do:

  • Include clear instructions on how to unsubscribe, usually through a dedicated unsubscribe link.
  • Make sure the unsubscribe option works for at least 30 days after you send the message.
  • Process the unsubscribe request within 5 working days.
  • Ensure that unsubscribing is free, aside from any normal costs associated with using the communication channel.
  • Don’t ask for extra personal information during the unsubscribe process.

Effects of Spam Act 2003 on ecommerce brands

  1. Keeps your email list full of engaged subscribers: Since the Act requires that recipients have consented to receive your messages, this ensures your email lists are made up only of subscribers who are genuinely interested in your content. This increases the likelihood that they will open, read, and engage with your emails.
  2. Improves engagement: More email clicks lead to better engagement. Higher engagement translates to improved marketing effectiveness and higher revenue for your brand.
  3. Protects your brand’s reputation: Any practices defined as deceptive by the Act could harm your reputation as a sender and business. When you email people without their consent, you come off as pushy and intrusive, which the Act prevents.
  4. Helps you avoid costly fines: Spamming people without consent not only harms your sender reputation but also puts you at risk of facing legal action. Keeping your email marketing practices within legal boundaries defined by the Act saves you from costly legal proceedings and fines.  
  5. Improves email deliverability: When you email people who haven’t agreed to hear from you, they can report your messages as spam. This can lead to email service providers flagging your domain as spam, reducing your deliverability rate.

Send compliant email marketing messages with Klaviyo

Klaviyo is a marketing automation platform that helps you send marketing messages to Australian audiences that comply with the Spam Act 2003. Klaviyo offers custom sign-up forms you can use to turn visitors into subscribers by obtaining their explicit consent through:

  • Pop-ups: Grab visitors’ attention instantly with a form that appears in the center of their screen.
  • Multi-step forms: Collect information step by step to avoid overwhelming visitors.
  • Embedded forms: Place a form directly on relevant pages of your site so visitors can easily sign up where they’re most engaged.
  • Fly-outs: Use a form that slides out from the side of the page without disrupting the visitors’ browsing experience.
  • Form teasers: Feature a small widget that visitors can click to access the sign-up form when they’re ready.

Optimize your forms with Klaviyo’s A/B testing to find the best designs, copy, and placements for maximum engagement.

But that’s not all. With Klaviyo, you can put the rest of your marketing efforts on autopilot and grow your brand through: 

  • Segmentation: Target specific audiences using customer data like purchase history, location, and engagement metrics.
  • Automated flows: Trigger email, SMS, or push notifications for events like cart abandonment, order confirmations, and more.
  • Templates: Speed up campaign creation with customizable templates for different types of communications.
  • Reporting: Monitor your campaigns’ performance with detailed reports and customizable dashboards.
  • Integrations: Seamlessly connect with over 350 apps to unify your data and streamline your marketing efforts.

Sign up for Klaviyo today and build your subscriber base the right way.

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