What is the Spam Act 2003?

The Spam Act 2003 is an Australian anti-spam regulation that covers email, SMS, and MMS marketing messages.

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

Commercial message requirements under the Spam Act 2003

To remain compliant, your brand is required to:

1. Obtain consent

You can’t send commercial electronic messages (CEMs) unless your subscribers have consented to receive them. According to the Spam Act 2003, you may obtain express or inferred consent to send messages, but we highly recommend obtaining express consent to avoid confusion.

Express consent

Express consent is when someone has directly agreed to receive your messages. You can obtain express consent through:

Subscription forms: When someone fills out a form on your website indicating they want to receive your emails or text messages.
Written agreements: When a person signs a document or sends an email stating they wish to receive your messages.
Checkboxes at checkout: When a person purchases a product on your website, you can ask them for consent to send marketing messages via an unchecked checkbox.
Physical sign-up forms in stores: But keep in mind you may need to prove you received express consent this way.

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:

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.
Memberships: The recipient is an organization, club, or association member expecting to receive messages relevant to their membership.
Transaction history: The recipient has previously purchased products from you, so there’s a reasonable expectation that you might email them in the future.

2. Sender identification

When sending a CEM, it must clearly be from your brand. Make sure to include your brand name and contact details, such as a physical address, email address, or a link to your website where recipients 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’ll need to include an easy way for your recipients to opt out of receiving future marketing messages. Here’s how:

Insert 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.
Make sure that unsubscribing is free (excluding any SMS carrier fees).
Don’t ask for personal information during the unsubscribe process.

What compliance with the Spam Act 2003 means for ecommerce brands

Compliance incentivizes brands to clean their lists: Remember that while inferred consent is acceptable, it is not ideal. When recipients consent to receive your messages, your email lists are made up of subscribers who are genuinely interested in your content. That can help increase engagement.
Compliance protects your brand’s reputation: Consent, clear sender identification, and easy unsubscribe options all indicate respect for your audience.
Compliance helps you avoid costly fines: Keeping your email marketing practices within legal boundaries defined by the Act can save you from costly legal proceedings and fines.
Compliance helps improve email deliverability: When you email people who haven’t agreed to hear from you, they may 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. With custom sign-up forms, opt-in messages to confirm subscription, and email and SMS deliverability reports, it’s easy to stay compliant and focus on sending high-converting messages instead.