This may seem like a random post when there are SO many other things we could be talking about, but it's a question I get a lot and something you should know to safe-guard yourself!
The answer is yes, you can email people about your product or service, but there are some important rules to follow to ensure you're doing it ethically and legally.
Get Permission First
You need to have permission from the recipient before sending marketing emails. This means they must have opted into your mailing list through your website, a signup form, or another legitimate way. Sending unsolicited emails can land you in trouble with spam regulations.
Comply with Email
Laws Make sure your emails comply with regulations (the NZ Unsolicited Electronic Messages Act 2007 a.k.a the Spam Act). These laws require things like having an easy opt-out option and including your business address in your emails.
Offer Value, Not Just Sales
People are more likely to open and engage with your emails if you provide valuable content. This could be tips, guides, or exclusive discounts—not just promotions. It helps build trust and keeps your audience engaged.
Segment Your List
By segmenting your email list, you can send more relevant content to different groups of subscribers based on their interests or previous interactions with your business. Personalising your emails increases engagement and conversion rates.
In short, yes, you can email people about your products or services—as long as you do it responsibly, follow the rules, and focus on building relationships with your audience rather than just selling.
Spam Info
In New Zealand, email marketing is regulated by the Unsolicited Electronic Messages Act 2007, commonly referred to as the Spam Act.
Here are the key requirements under this law:
1. Consent
You must have consent from the recipient before sending any commercial emails. Consent can be:
- Express: The recipient has actively signed up for your emails (e.g., through a signup form).
- Inferred: There is an existing business relationship, and the recipient would reasonably expect to receive emails from you.
- Deemed: This applies in specific cases where consent can be reasonably assumed, but it’s safer to rely on express or inferred consent.
2. Identify Yourself
Your emails must clearly identify:
- Who is sending the message (your name or your business name).
- Contact details, such as a physical address or email address.
3. Unsubscribe Option
You must provide a clear and free opt-out or unsubscribe option in every commercial email you send. This opt-out option must be easy to use and must be processed within five working days.
4. No Misleading Information
The content of the email, including the subject line and header information, must not be false or misleading. Ensure your emails represent your business and offer honestly.
5. No Harvesting of Email Addresses
You cannot use automated systems or software to harvest email addresses, nor can you send emails to lists that have been compiled through illegal means.
Penalties for Non-Compliance
Failure to comply with the Unsolicited Electronic Messages Act can result in significant fines—up to $500,000 for businesses and $200,000 for individuals. To legally email people about your product or service in New Zealand, ensure you have their consent, identify yourself clearly, include an unsubscribe option, and avoid misleading information. Always follow the regulations to build trust and avoid penalties.
