Email marketing for small business: a simple, legal start

Is email marketing worth it for a small business?

It can be, when you already have customers who might buy again or refer someone.

Email is different from advertising. An ad reaches strangers and you pay each time. An email reaches people who already know you, and the list is yours. If a social media platform changes its rules, your list is still there.

It tends to suit:

• Businesses with repeat purchases, such as cafes, salons, nurseries, pet services and online shops
• Services with a natural reminder, such as servicing, check-ups, renewals or seasonal work
• Businesses that rely on referrals and want to stay remembered

It is a weaker fit when every customer buys once and never needs you again, or when you have nothing to say between jobs.

Nobody can promise what a list will earn. The honest test is simple. Send something useful to people who asked for it, then count the bookings, orders and replies that follow.

What does the Spam Act require?

The rules apply to marketing emails and messages, including text messages. The Australian Communications and Media Authority (ACMA) sets them out on its page about how to avoid sending spam.

Before you send, you must have consent from the person who will receive the message. After you have consent, the ACMA says your message must:

• Identify you as the sender
• Contain your contact details
• Make it easy to unsubscribe

These rules still apply when someone else sends for you. The ACMA says that even if another party sends your marketing, you must still have consent from each person, and the message must still identify you as the business that authorised it. Use the correct legal name of your business, or your name and ABN. That information must stay correct for at least 30 days after you send.

If a business breaks the rules, the ACMA says it can take enforcement action.

This is general information, not legal advice. The ACMA page is the source to check, and a lawyer can advise on anything unusual.

What counts as consent?

The ACMA describes two kinds: express and inferred.

Express consent means the person knows and accepts that they will receive marketing from you. The ACMA calls this best practice. People can give it by filling in a form, ticking a box on a website, over the phone or face to face.

Two details are easy to miss:

• You cannot send an email or text to ask for consent, because that message is itself marketing
• It is up to you to prove consent. Keep a record of who gave it, when and how

Inferred consent is narrower than many owners assume. The ACMA says it may apply when the person has knowingly and directly given their address and it is reasonable to believe they would expect marketing from you. That is usually a provable, ongoing relationship, such as a member or account holder, with marketing directly related to that relationship.

The ACMA also says inferred consent does not cover sending messages after someone has just bought something from your business. A single sale is not permission to market. Ask.

How do you build a list the right way?

Collect addresses in places where people can clearly say yes.

• A sign-up form on your website that says what they will receive and how often
• An unticked box on your enquiry, booking or checkout form. The customer ticks it if they want to hear from you
• A sign-up sheet or QR code at the counter
• Asking at the end of a job, and recording the answer

Say plainly what they are signing up for. Monthly tips and offers from a named business is clearer than a vague promise to stay in touch.

Do not buy a list. The ACMA says you are still responsible for making sure you have consent for any addresses you use, and a bought list rarely comes with consent you can prove. It also bans using or supplying lists made with address-harvesting software.

Your website is usually where the list grows. When we build a site we can add the sign-up form and the consent tick box as part of a small business website package. Any form that collects personal details should also be described in your privacy policy. See our guide to website privacy policies.

What must the unsubscribe do?

Every marketing message needs one, and the ACMA lists what it has to do. The unsubscribe option must:

• Present the instructions clearly
• Be honoured within 5 working days
• Not require a fee
• Work for at least 30 days after the message was sent
• Not require the person to give extra personal information, or to log in to or create an account

Most email tools add an unsubscribe link and remove the address for you. Check that yours does, and send yourself a test.

The gap is usually outside the tool. If a customer replies asking to be removed, or tells you at the counter, someone has to take them off the list within that same 5 working days. Decide who does that.

For text messages, the ACMA gives examples such as asking the person to reply STOP. It notes that a sender name made of letters generally cannot receive replies, so a text sent that way needs another way to opt out.

What should you send, and how often?

Send what a customer would thank you for. Useful beats frequent.

• A reminder at the right time, such as a seasonal service or a booking window opening
• One practical tip from your trade
• News that affects them, such as new hours, a new service or a holiday closure
• An offer, occasionally, with a clear end date

Keep each email to one main point and one thing to do, such as book, order or reply. Write it the way you would speak to that customer at the counter. Use a plain subject line that says what is inside.

Pick a rhythm you can keep. Once a month is plenty for most small businesses. A steady monthly email does more than four in one week followed by silence.

AI tools can help draft and tidy an email quickly. Check every fact, price and date yourself before it goes. Our guide to AI for small business marketing covers how to do that safely.

A worked example: a plant nursery

This is an illustration of the method, not a client result.

A small plant nursery wants customers to come back each season. The owner adds an unticked box to the online order form and a sign-up form to the website. Both say the same thing: one email a month with seasonal planting tips and the occasional offer. At the counter, staff ask customers if they would like to join and add those who say yes. Each sign-up is recorded with the date and where it came from.

She does not add the customers who bought last year but were never asked. A past sale on its own is not consent.

On the first Tuesday of each month she sends one email: what to plant now, one product that suits it and the opening hours. Her business name, address and phone number are in the footer, with an unsubscribe link. A customer who replies asking to stop is removed the same day.

After each send she looks at three things: how many people unsubscribed, how many clicked through to the website, and how many orders or visits mentioned the email. After three months she decides whether the hour a month is paying for itself.

When is email the wrong place to start?

Leave it for later if any of these are true.

• You have no way to collect addresses with consent yet. Fix the form first
• Nobody has an hour a month to write and send. A list that goes quiet for a year is worth little
• Your website cannot take a booking, an order or an enquiry. The email has nowhere to send people
• You need new customers this month. Email works on people who already know you. Search and advertising reach people who do not

If new customers are the priority, start with being found. Our SEO service and our guide on whether Google Ads work for small business cover that side.

Email is one channel among several. If you would like help deciding which one deserves your time first, our digital marketing service starts with that question, or you can get in touch and tell us what you are trying to fix.

Common questions