The Unsolicited Electronic Messages Act 2007 A Marketers Guide
Martins have produced a straightforward guide to the Unsolicited Electronic Messages Act 2007. While it doesn't pretend to cover all the clauses of the Act, it does highlight the 5 most important points in terms of compliance. The guide deals with the what this means in laymans terms & the actions that need to be taken.
Passed in to Law on 5 September 2007. Covers commercial Emails, SMS Text messages - i.e. Promoting goods or services (Marketing & Selling).
A Guide to The Unsolicited
Electronic Messages Act 2007
|
| Must
Have |
|
(1) Consent
3 types |
| (i)
Express Consent - Opt-in |
Gain
permission from your
customers & prospects and record this on your database |
(ii) Inferred Consent
- Would be relevant
information - industry specific
- Sending
to a past customer
- Already
have a prior business relationship
|
Ensure
you have a prior, relevant relationship with the people you are sending
emails to - record on your database |
| (iii)
Deemed Consent |
|
- An
electronic address that has been conspicuously published by a person in
a business or official capacity - ie On a company Website.
- Note:
Must still be relevant (Inferred Consent) and not have a "Please don't
email me" clause
|
Record
where you sourced the email address from - ie Website
Make
sure you also pass the "inferred consent" test
|
|
| (2)
Unsubscribe |
| (i)
Obvious and working (for 30 days) |
Never
send out a commercial email without an Unsubscribe - use Email Software
that automatically Unsubscribes |
| (ii)
5 working days to action |
Have
processes in place to remove the person from receiving emails within 5
days |
| (iii)
Potential fine of up to $10,000 if you don't action |
Don't
forget the UNSUBSCRIBE |
|
| (3)
Harvested Addresses |
| Don't
use Harvested Addresses - software that trawls the internet stripping
out email addresses |
Check
the source of the data you are using |
|
| (4)
Sender Details |
| All
messages must have a clear "From", "Subject Line" and senders contact
details |
Be
transparent - don't try to hide who you are and how they can contact
you - also doesn't make marketing sense |
|
| (5)
Proof |
| (i)
Must be able to prove Consent |
When,
how - record |
| (ii)
Must be able to prove you are not using Harvested Lists |
Record
source |
| (iii)
If you sent an email by mistake and use this as a defense = must prove |
Who
sent, why a mistake |
|
| Sources: |
Website of New Zealand Legislation
http://www.legislation.govt.nz
(Go to Statutes
and Choose U for Unsolicited)
The New Zealand Marketing Association
Information on the Marketing Association Website
http://www.marketing.org.nz/cms/Important_Notice/3880
Marketing
Association Email Guidelines
http://www.marketing.org.nz/cms/lib/333.pdf
Department of Internal Affairs Website
http://www.antispam.govt.nz/
New Zealand Parliament Website
Useful
explanatory notes on Act
|
| Prepared by: |
Brent
Martin
Director
Martins Ltd
Business List
Owners & Email Marketing Services
www.martins.co.nz
Brent is a Member
of Marketing Association, Executive Member of DAN (Data Advisory
Network), 18 Years Direct Marketing experience, 5 yrs Email
Marketing, presenter at DAN Dialogues discussing the implications of
the Act |
Disclaimer: This guide has been compiled after careful study of the Act and Explainatory Notes provided by the Ministry of Economic Development. This is our interpretation of the Act & its implications and if required, appropriate legal advice should be obtained.
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