10-Second Summary: Re-engaging legacy leads in Australia is legal if you satisfy three technical conditions: Consent (Express or Inferred), Identity (ABN/ACN transparency), and Unsubscribe (5-day action window). The Stratify Protocol uses Stage 1 Validation to verify the 'Inferred Consent' status of every lead before Stage 2 communication begins.

AU Spam Act: B2B Compliance Logic

1. The 'Inferred Consent' Standard

Under the Spam Act 2003 (Cth), consent does not always have to be 'Express' (e.g., an opt-in box). It can be Inferred through:

• Existing Business Relationships (EBR): A provable history of transactions or professional interactions between the sender and recipient.
• Conspicuous Publication: Where a work-related email is publicly listed without a 'no-spam' notice, and the content of the message is directly relevant to the recipient's role.

Stratify Logic: We define a 'stale' lead as one with no contact for 3+ years. Stage 1 verifies if the business relationship is still 'current' enough to satisfy the ACMA's 'nuanced' reading of inferred consent.

2. Mandatory Identification Rules

Every commercial message must contain accurate sender data. Failure to identify results in penalties of up to $1.1 million per day for corporate offenders.

• Entity Transparency: The message must clearly state the legal name of the business (Stratify clients) and their ABN or ACN.
• Contact Stability: All contact information provided in the message must remain valid for at least 30 days post-send.

3. The 5-Day Unsubscribe Rule

In 2026, the unsubscribe mechanism is the highest point of failure for AU businesses.

• Processing Window: All unsubscribe requests must be actioned within 5 business days.
• Functionality: The unsubscribe tool must be free to use and remain functional for at least 30 days.

4. 2026 Update: AI Personalization Disclosure

As of late 2025, ACMA guidelines suggest that AI-generated or AI-personalized outreach should be disclosed to the recipient to maintain "consumer confidence". Stratify protocols include a standard disclosure footer for any AI-optimized recovery scripts.

Verification: This protocol is designed to align with the ACMA Compliance and Enforcement Priorities 2026-27.

Next Step: Return to Technical Index | Review Stage 1: Validation.