How the new Anti-Spam law affects you
DIA Anti-spam Team
How does the new Anti-Spam law affect Not for Profit Organisations?
As you may be aware the Unsolicited Electronic Messages Act 2007 came into effect on September 5. The Act prohibits the sending of unsolicted commercial electronic messages.
A number of you may have been asking what the implications of this new anti-spam legislation are for Not for Profit Organisations. The answer is that Not for Profit Organisations are not exempt from the requirements of the Act, meaning that if the electronic messages you send are commercial then you must have the consent of the people you are sending them to.
However, communications by Not for Profit Organisations are generally in the form of publications, such as a newsletters, that are not commercial in nature. Not for Profit Organisations who are concerned about whether their services are commercial should refer to the definition of "goods" and "services" in the Consumer Guarantees Act, and consider whether they are suppliers of services "in trade". Please note that most of the community and voluntary sector would not be considered suppliers of services "in trade".
Furthermore, it is DIA’s experience that Not for Profit Organisations generally only send electronic messages to supporters, subscribers and 'donees', in which case, even if their messages were commercial, the organisations have either express consent or can reasonably infer the consent of the recipients because of the nature of the relationship with them.
How does the new Anti-Spam law affect Local Authorities?
Communication to Local Authorities
We are aware of some misunderstanding over the application of the Act to local authorities. The Act provides that an electronic message that provides the recipient with information about the goods and services of a government body is not a "commercial electronic message". "Government body" in turn is defined as the core Government departments and Crown entities.
Local authorities do not fit into this exemption and must therefore be compliant with the Act by ensuring all commercial electronic messages:
- Have the consent of the recipient
- Clearly identify the sender and how they can be contacted
- Include a functioning unsubscribe facility.
Further information about the purpose of the Act and how to comply can be found at www.antispam.govt.nz