The Australian Communications and Media Authority (ACMA) released a Statement of Expectations on the changes to consumer consent impacting how email, SMS and telephone marketing initiatives are conducted by Australian businesses.

The Statement provides guidance to businesses on steps they must undertake on the use of consumer consent. The ACMA recommends that businesses use express consent based on clear terms and conditions (T&Cs) that are accessible to consumers. T&Cs should explain what the marketing is for, who will use it, how long it will be used, and how consent can be withdrawn. Consumers should also be able to easily unsubscribe or withdraw their consent to receive direct marketing at any time.

The guidance provided in the Statement supplements rules set out in the Spam Act 2003, the Do Not Call Register Act 2006 and associated standards and regulations. Businesses conducting telemarketing and e-marketing must follow these rules.

Spam and telemarketing penalties have cost businesses more than $15 million in penalties over the last 18 months. To ensure your businesses are not penalised, it’s important to have the right compliance practices in place.

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