B2B marketing
rules.

The most common myth in B2B outreach is that the Spam Act only protects consumers. It doesn't say that. The ACMA's statement on consent says consent must be obtained before messages can be sent, including to businesses. The three rules on its spam page apply to a sales manager's inbox exactly as they do to a shopper's: consent, accurate sender details, and an unsubscribe that works, honoured within 5 working days.

The Act covers more than email. The ALRC described it as covering commercial messages sent by email, SMS, MMS or instant messaging, and the OAIC's direct marketing guide lists emails, instant messages, SMS and MMS. LinkedIn messages and InMail aren't named in that guidance, but they work like instant messages, so treat them as covered. LinkedIn also keeps its own page on prohibited software and extensions: check any automation tool against it before you use it.

Express consent is the clear one: they ticked a box, filled in a form or asked to hear from you, and you kept a record. Inferred consent is narrower. One kind comes from an existing relationship where they'd reasonably expect the message, and the ACMA says to consider carefully whether to rely on it, and not to infer consent from one-off purchases by consumers.

The other kind matters most in B2B: an address that's conspicuously published, for example on a company's contact page. The Act lets you infer consent from it only when nothing next to it says the person doesn't want marketing, and the message is about their work role or the business they're in. Emailing a published procurement address about a supply offer can fit. Emailing the same person about a holiday deal doesn't. The ACMA's warning is blunt: publication does not mean consent has been given.

Bought lists are where most B2B teams come unstuck. You have to be able to prove consent, and the ACMA expects you not to assume third parties keep consent records for you. Records should show how consent was given, the terms, and the date and time. Lists built with address-harvesting software are a separate problem: the Spam Act bans using them for commercial messages.

In March 2026 Lululemon paid a $702,900 penalty after sending more than 370,000 emails without an unsubscribe. They were shipping updates and order emails that also carried sales material and links to promotions. The ACMA's point: a message with promotional content is commercial regardless of whether it has any other purpose. It was the fifth such action in 18 months, with more than $6.7 million paid in spam penalties over that time.

The B2B version is everywhere. An invoice email with a 'new service' banner. An onboarding sequence that slides into an upsell. A renewal reminder with a referral offer. Either keep service messages free of sales content and links, as the ACMA recommends, or treat them as marketing and give them an unsubscribe.

The Spam Act doesn't cover voice calls, and the Do Not Call Register mostly doesn't either: the ACMA says numbers primarily for business use are ineligible to be registered. That's why B2B teams can cold call where consumer marketers can't.

Two catches. First, the telemarketing standard applies to calls to Australian numbers, even those not on the register: weekdays 9am to 8pm, Saturdays 9am to 5pm, no Sundays or national public holidays, caller ID switched on, and the call ends when the person asks. Second, plenty of B2B lists hold mobiles. A sole trader's mobile that's mostly personal may well be on the register, so wash lists that include mobiles before anyone dials.

If the Privacy Act covers your business, calls outside the register fall under the direct marketing principle, APP 7: an easy way to opt out, and telling people where you got their details if they ask, generally within 30 days.

Many smaller B2B firms are outside the Privacy Act: businesses with annual turnover of $3 million or less are usually exempt. The exceptions matter in marketing. A business that trades in personal information without people's consent, collecting it for a benefit or disclosing it in exchange for one, is covered whatever its size. Selling or swapping prospect lists can put you there.

The 2024 amendments added new rights and enforcement more than new marketing rules. A statutory tort for serious invasions of privacy started on 10 June 2025. From 10 December 2026, privacy policies must disclose certain automated decisions that significantly affect people. And the OAIC now uses its new powers: its first privacy policy sweep began in January 2026, with penalties of up to $66,000 for policies that don't meet the rules.

For a B2B marketer the practical list is short. Say in your privacy policy that you use contact details for marketing and share hashed lists with ad platforms if you do. Keep an opt-out that works across email, calls and ads. Get advice on whether any lead scoring or automated decisions you use fall into the December 2026 rule.

The Australian Consumer Law's ban on misleading claims applies to any communication by a business, and section 18 of the Australian Consumer Law covers conduct in trade or commerce, not only selling to consumers. The ACCC checks the overall impression, not just each line, and fine print can't contradict the headline. A comparison is misleading if it's inaccurate or doesn't compare fairly: same plan level, same date, same conditions.

The clearest B2B example is a search ad. Employsure's Google ads used headlines like 'Fair Work Ombudsman Help' and suggested a government link it didn't have. The ads misled many small business owners, and the Full Federal Court ordered a $3 million penalty in 2023. Selling to business owners didn't make the misleading impression any more acceptable.

Testimonials and case studies sit under the same law. The ACCC says reviews can mislead when written by employees, family or people paid by the business without saying so, and one business it acted against admitted claiming testimonials were genuine when they weren't. For case studies: get the client's written permission, use numbers you can show, say when and how the result was measured, and take it down when it's out of date.