Anti Spam Laws

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SteveON

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#75362 17-Jan-2011 12:57

Hello there,

We have recently re-obtained our database of offshore customers. I would like to know if the NZL anti spam laws for organisations sending out emails are covered overseas?

I once heard something from the regulatory body but have since forgotten what the advice was.

Cheers,
Steven.

scuwp

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#428027 17-Jan-2011 13:59

Is this what you mean?

Application of Act outside New Zealand(1) This Act extends to the engaging in conduct outside New Zealand by a relevant person to the extent that that conduct results in a civil liability event occurring.

(2) In this section, relevant person means?

(a) an individual who is a resident of New Zealand; or

(b) an organisation that carries on business or activities in New Zealand.

The Internal Affairs website has good coverage of this issue from a NZ perspective, just keyword "spam"

Lazy is such an ugly word, I prefer to call it selective participation

nate

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#428039 17-Jan-2011 14:23

SteveON:We have recently re-obtained our database of offshore customers. I would like to know if the NZL anti spam laws for organisations sending out emails are covered overseas?

Regardless if it covers you or not, spamming customers is probably not the best way to get more business from them (which is what I'm assuming you are doing).

Adhering to the NZ spam laws is good business practice, regardless of where the recipient is.

sleemanj

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#428066 17-Jan-2011 15:26

I think there must be a lot of the story missing here, and your question's phrasing is... odd.

If you are asking:
"Somebody overseas took our customer list and spammed them, can the NZ anti spam laws deal with them"
the answer is, most unlikely unless the spammer travelled here and the DIA was really interested in taking them down.

If you are asking:
"If I spam a bunch of overseas people, can the NZ anti spam laws deal with me."
the answer is, unrepeatable in polite company.

---
James Sleeman
I sell lots of stuff for electronic enthusiasts...

SteveON

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#428323 18-Jan-2011 09:26

Hello there,

It's not about spamming people. I am asking about the implications of overseas vs Local NZ law. Because we have different markets and different databases I just wanted to know what the implementations were as we can treat our overseas contact differently.

We do not plan to Spam people, thats just silly. We plan to use our existing database, but there may be different implications. For example there are requirements about how the database must be kept up to date and the unsubscribe facility.

Anyway I have spent some time on the Internal Affairs website...

nate

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#428387 18-Jan-2011 12:10

SteveON: We do not plan to Spam people, thats just silly. We plan to use our existing database, but there may be different implications. For example there are requirements about how the database must be kept up to date and the unsubscribe facility.

If it was me I would load all the recipients into a system such as MailChimp, they handle unsubscribes brilliantly, and they provide an API so you can push new clients into that system.

Clearly mark the unsubscribe link, put in your physical address and contact details, and you'll be good to go.

Probably the best idea is to have a consistent approach to NZ and international customers - will save you headaches in the long run.

Hope this helps.