Here is a very interesting question from a blog reader.
“So do I need an unsubscribe facility in an email that I send an established customer who I have been doing business with for over days/months/years?”
If I have interpreted the Act correctly my understanding is that YES they would need to add an unsubscribe facility to every commercial email sent regardless of the relationship UNLESS the recipient has agreed that an unsubscribe facility is not required.
And just to confirm I asked the DIA as well – their reply is below:
Yes. However an easy unsubscribe facility that is compliant with the Act would be an email signature with the wording similar to “to unsubscribe, please reply to this message and type unsubscribe in the subject line”.
Also, depending on the relationship, you could look at the exemptions to a commercial electronic message contained in section 6(b). They may also apply.
Ah! Section 6(b) – I had to thank the team at the DIA for making me remember the definitions of when an email is NOT commercial and thus an unsubscribe facility is not required. Below are the definitions of email content that is not considered commercial:
(i) provides a quote or estimate for the supply of goods or services if that quote or estimate was requested by the recipient; or
(ii) facilitates, completes, or confirms a commercial transaction that the recipient previously agreed to enter into with the person who authorised the sending of the message; or
(iii) provides warranty information, product recall information, or safety or security information about goods or services used or purchased by the recipient; or
(iv) provides notification of factual information about a subscription, membership, account, loan, or similar relationship involving the ongoing purchase or use by the recipient of goods or services offered by the person who authorised the sending of the message, or the recipients ongoing subscription, membership, account, loan, or similar relationship; or
(v) provides information directly related to an employment relationship or related benefit plan in which the recipient is currently involved, participating, or enrolled; or
(vi) delivers goods or services, including product updates or upgrades, that the recipient is entitled to receive under the terms of a transaction that the recipient has previously entered into with the person who authorised the sending of the message; or
(vii) provides the recipient with information about goods or services offered or supplied by—
(A) a government body; or
(B) a court or tribunal; or
(viii) has any other purpose set out in the regulations.