Home Resources Warning Bells on Spam Act Violations Compliance Warning Bells on Spam Act Violations Sarla Fernando: “If a consumer is asking to be removed off a list, they mean it.” The Australian Communications and Media Authority (ACMA) is sounding the alarm for advertisers to adhere to regulations this festive season, as the watchdog intensifies its scrutiny of brands during the year-end sales period. In anticipation of Black Friday and the upcoming Christmas sales, ACMA has issued a comprehensive compliance reminder to the entire industry, prompted by an increasing number of compliance violations by various brands. This cautionary move follows the recent imposition of a $1.3 million fine on Kmart by the regulatory body, alleging the dispatch of over 200,000 emails to individuals who had previously unsubscribed from the mailing list. Notable penalties have this year also been levied against Commonwealth Bank and DoorDash, with associated penalties of $3.55 million and $2 million, respectively, for their breaches of spam regulations. However, it was ACMA's decision to fine Ticketek $500,000 in October for recurrent spam violations that should put marketers on heightened alert. One aspect of this investigation focused on where a transactional / factual message was found to have been “a commercial electronic message’ in nature, thereby putting it within scope of the Spam Act. The distinction is a delicate one that is coming under increased scrutiny and has put many businesses on alert. ADMA’s director of regulatory and advocacy, Sarla Fernando, message to the industry is to not look just at the penalty in terms of the fine issues for these breaches as this is just a component of the consequences of a breach of the Spam Act. “The fine is only one element of what it costs the business. Once a business is found to be in breach, it then has to undergo an enforceable undertaking, which involves training programs, processes, audits, check ins with the ACMA for three years, and this could also include having consultants coming in each year to verify your processes. “It’s a very costly affair… I think that’s what needs to be educated a bit more in the market.” Fernando considers ACMA’s warning is a “timely reminder” to marketers “to ensure that your marketing distribution lists are up to date, that you’ve done regular quality assurance, that you make sure that your unsubscribe mechanisms are working, and that they’re synchronised across all of your databases. “And I think it’s really important to understand that if a consumer is asking to be removed off a list, they mean it.” Despite the Spam Act being around since 2003, companies are still getting it wrong. A less forgiving posture from the industry regulator and consumers, should be expected. If you or your teams need a refresher on the Spam Act and all things compliance, we highly recommend ADMA’s Privacy and Compliance for Marketers Course as a “must do”. With our End of Year sale running until 15 December, there couldn’t be a better time to set yourself up for success. Don’t let your business be the next compliance breach headline. 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Filter Resources Filter Courses Capability Capability Campaign Integration Compliance Customer Experience Marketing Technology Insights Learnings Brand Development Content Format Content Format Information sheet Member-only Press-release Article Blog Case Study Data Event Infographic Media Coverage Research Tool-kit Video Webinar Whitepaper Topics Topics CMO Crib Sheet CMO Spotlight Global Forum Global Forum 2023 Privacy series Resource Compliance Resources CEO Blog Compliance Regulatory Content Copywriting Creative Data Data-driven Marketing Digital Campaigns Leadership Social Media Thought Leadership 24th Apr 2025 15 mins The Weakest Link Series: The Platform When it comes to the data privacy chain, few parties hold as much data or influence as platforms. Social media platforms in particular act as the central point where consumer data is aggregated, monetised, and distributed. In this article, we explore three major weaknesses platforms contribute to the data privacy chain including poor data transparency, an overreliance on algorithms, and inadequate enforcement of third-party policies. Member-only CMO Crib Sheet - Tracking Pixels and Privacy Obligations 10th Apr 2025 5 mins CMO Crib Sheet - Tracking Pixels and Privacy Obligations The OAIC’s latest guidance outlines how organisations using tracking pixels must ensure compliance with the Australian Privacy Principles (APPs). While not banned, these tools raise significant privacy concerns, particularly around sensitive data, consent, and targeted advertising. This is a members-only resource - log in with your member account to view. Member-only CMO Crib Sheet - Scams Prevention Framework 10th Apr 2025 7 mins CMO Crib Sheet - Scams Prevention Framework The new Scams Prevention Framework introduces sector-wide obligations to combat scams targeting Australians, with marketing teams in regulated sectors playing a key role. Marketers will need to work closely with compliance teams to ensure data practices, customer interactions, and digital operations meet these new legal expectations. This is a members-only resource - log in with your member account to view. Member-only CMO Crib Sheet - Overview of Privacy Reform and Enforcement 10th Apr 2025 14 mins CMO Crib Sheet - Overview of Privacy Reform and Enforcement The CMO Crib Sheet outlines where privacy reform stands as of March 2025, unpacking key regulatory changes already in place and what’s to come. It also highlights how recent enforcement actions are shaping interpretation of the law, particularly around facial recognition, data scraping, and AI. This is a members-only resource - log in with your member account to view. Member-only CMO Crib Sheet - Enforcement Powers of the OAIC 10th Apr 2025 12 mins CMO Crib Sheet - Enforcement Powers of the OAIC The CMO Crib Sheet highlights key privacy enforcement themes emerging from recent regulatory actions, particularly around data practices like facial recognition and data scraping. It emphasises the importance for marketers to prioritise transparency, fairness, and accountability in handling personal information. This is a members-only resource - log in with your member account to view. Member-only CMO Crib Sheet - The Privacy Act and Artificial Intelligence (AI) 10th Apr 2025 7 mins CMO Crib Sheet - The Privacy Act and Artificial Intelligence (AI) Using AI offers potential benefits, but it’s crucial to navigate the associated privacy risks responsibly. By implementing the recommendations and considerations outlined in this briefing note, senior marketing professionals can help their organisations embrace AI innovation while upholding their privacy obligations and building trust with customers. This is a members-only resource - log in with your member account to view. Load More
24th Apr 2025 15 mins The Weakest Link Series: The Platform When it comes to the data privacy chain, few parties hold as much data or influence as platforms. Social media platforms in particular act as the central point where consumer data is aggregated, monetised, and distributed. In this article, we explore three major weaknesses platforms contribute to the data privacy chain including poor data transparency, an overreliance on algorithms, and inadequate enforcement of third-party policies.
Member-only CMO Crib Sheet - Tracking Pixels and Privacy Obligations 10th Apr 2025 5 mins CMO Crib Sheet - Tracking Pixels and Privacy Obligations The OAIC’s latest guidance outlines how organisations using tracking pixels must ensure compliance with the Australian Privacy Principles (APPs). While not banned, these tools raise significant privacy concerns, particularly around sensitive data, consent, and targeted advertising. This is a members-only resource - log in with your member account to view.
Member-only CMO Crib Sheet - Scams Prevention Framework 10th Apr 2025 7 mins CMO Crib Sheet - Scams Prevention Framework The new Scams Prevention Framework introduces sector-wide obligations to combat scams targeting Australians, with marketing teams in regulated sectors playing a key role. Marketers will need to work closely with compliance teams to ensure data practices, customer interactions, and digital operations meet these new legal expectations. This is a members-only resource - log in with your member account to view.
Member-only CMO Crib Sheet - Overview of Privacy Reform and Enforcement 10th Apr 2025 14 mins CMO Crib Sheet - Overview of Privacy Reform and Enforcement The CMO Crib Sheet outlines where privacy reform stands as of March 2025, unpacking key regulatory changes already in place and what’s to come. It also highlights how recent enforcement actions are shaping interpretation of the law, particularly around facial recognition, data scraping, and AI. This is a members-only resource - log in with your member account to view.
Member-only CMO Crib Sheet - Enforcement Powers of the OAIC 10th Apr 2025 12 mins CMO Crib Sheet - Enforcement Powers of the OAIC The CMO Crib Sheet highlights key privacy enforcement themes emerging from recent regulatory actions, particularly around data practices like facial recognition and data scraping. It emphasises the importance for marketers to prioritise transparency, fairness, and accountability in handling personal information. This is a members-only resource - log in with your member account to view.
Member-only CMO Crib Sheet - The Privacy Act and Artificial Intelligence (AI) 10th Apr 2025 7 mins CMO Crib Sheet - The Privacy Act and Artificial Intelligence (AI) Using AI offers potential benefits, but it’s crucial to navigate the associated privacy risks responsibly. By implementing the recommendations and considerations outlined in this briefing note, senior marketing professionals can help their organisations embrace AI innovation while upholding their privacy obligations and building trust with customers. This is a members-only resource - log in with your member account to view.