Well its Round 2 of the Unsolicited Electronic Messages Bill run through Parliament.
I am very happy that they have removed the “Promotional Messages” concept which seemed like an absolute nightmare in regards to business understanding what constitutes a promotional email. Plus – how on earth would a government staff member be able to decide if a message was promotional?
Another thing they wiped from the legislation after the first reading was forcing the ISP’s to process all SPAM complaints – Yeah Right! If this requirement went through to law not only would the poor ISP’s have to worry about their clogged mail servers but also spend time communicating with their customers who submitted a SPAM complaint. Can you imagine how many of those complaints are actually subscribers who forgot that they had signed up to the mailing list 3 months ago.
We are currently working with a top law firm in New Zealand who are watching the process of the legislation through Parliament and will provide us with information as it comes to hand. I will then past it onto you via this blog.
We have already a few questions come from our New Zealand based customers. I have provided some of the questions below.
1) So is there any form of electronic message in regards to “sales” content that a marketer can still send after the bill as been passed? Maybe the “promotional message” category provides this?
2) Is there any government estimate on how much it will cost a business to conform to the new legal requirements?
3) How can a subscriber report me? What is the legal process for charging me and do I get a warning for first time offence?
4) Is there a way I can contact the government officials responsible for this legislation to voice by opinion?
5) Is it correct that any email I send my “opt-out” subscribers that contains even the smallest amount of sales is a commercial message and falls within the law? What about the sales message in a confirmation email for someone who purchases a product or service? Maybe this is “inferred”
6) Do I have to keep permission details sent by my opt-out subscribers who I contacted and they gave permission for me to keep sending emails just incase the subscriber then reports me to the government? How long do I have to keep this permission detail?
7) How have other email marketers dealt with this? (a question that will arise closer to the date when the legislation becomes law)