Information Technology

01 Jul 2008

We recently ran a promotion on our website asking people to register and provide us with their email addresses and mobile numbers. We want to run another promotion and give the people who registered last time the chance to take it up first. Can we send them advance notice of the promotion by email or text?

The Unsolicited Electronic Messages Act 2007 prohibits the sending of electronic messages unless the receiver has consented to receiving the message. This covers messages sent by email and text messages. Consent can be express, deemed or inferred. If your registration process for your last promotion includes an express consent by the registrant to receiving future promotional messages by email or text, then you can send emails and text messages about your new promotion to those people.

If the registration process does not include an express consent to receiving emails and texts about future promotions then you would need to determine if there are other grounds on which you can show consent to receiving these messages.

Author

Karen Ngan

Partner - Corporate & Commercial

DDI: +64 9 977 5080

Mobile: +64 21 648 977

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