Does APP 7 direct marketing: consent, opt-out & when you can't message (2026) apply to lawyers and solicitors?
A computed answer from the Rules Mate applicability engine, with the exact condition, the outcome for every structure and size, and the primary source.
Short answer: Yes
Yes. This obligation applies to lawyers and solicitors whatever their structure or size. The deciding fact: AML/CTF reporting entity — covered by the Privacy Act for AML/CTF activities (s 6E(1A)) · Sells to consumers.
The obligation in brief
APP 7 direct marketing: consent, opt-out & when you can't message (2026). APP 7 of the Privacy Act restricts use of personal information for direct marketing. Mandatory opt-out + handling of requests to opt out; simplified consent regime for personal info collected directly.
Trigger: Using personal info for direct marketing.
Why lawyers & solicitors get a different answer
Rules Mate runs its applicability engine across 9 business structures and 6 size bands for each of the 35 industries it maps. For 24 of those industries the answer for "APP 7 direct marketing: consent, opt-out & when you can't message (2026)" is it depends on structure or size. Lawyers & solicitors is one of the 11 where the answer is different: yes.
The deciding fact for lawyers and solicitors: AML/CTF reporting entity — covered by the Privacy Act for AML/CTF activities (s 6E(1A)) · Sells to consumers.
About the industry: Law firms providing designated services. LPP applies, but Tranche 2 obligations otherwise apply.
Compare a professional services (general) business with 6–19 employees structured as a Pty Ltd company: the obligation does not apply (Requires APP-entity status (turnover > $3M or a s 6D(4) carve-out) and consumer customers).
Answer by business structure and size
Each cell is the engine's outcome for a business in lawyers & solicitors with that structure and size, assuming it sells to consumers and small businesses and holds customer contact details. "Check" means the obligation turns on a fact the industry does not settle.
| Structure | No employees | 1–5 employees | 6–19 employees | 20–99 employees | 100–499 employees | 500+ employees |
|---|---|---|---|---|---|---|
| Sole trader | Yes | Yes | Yes | Yes | Yes | Yes |
| Partnership | Yes | Yes | Yes | Yes | Yes | Yes |
| Trust | Yes | Yes | Yes | Yes | Yes | Yes |
| Pty Ltd company | Yes | Yes | Yes | Yes | Yes | Yes |
| Public company | Yes | Yes | Yes | Yes | Yes | Yes |
| Not-for-profit (unregistered) | Yes | Yes | Yes | Yes | Yes | Yes |
| Registered charity | Yes | Yes | Yes | Yes | Yes | Yes |
| Super fund | Yes | Yes | Yes | Yes | Yes | Yes |
| Foreign company | Yes | Yes | Yes | Yes | Yes | Yes |
What the obligation requires
- When due
- Continuous.
- Evidence to keep
- Consent records; opt-out mechanism + register; marketing-list audit trail.
- Maximum penalty
- Same penalty regime as other Privacy Act breaches; $50M / 30% turnover max
- Regulator
- OAIC
- Jurisdiction
- Commonwealth (national)
Other obligations where lawyers & solicitors differ from the norm
- APP 12 & APP 13 access and correction requests: Yes
- Privacy Act Reform — information controllers regime (proposed Tranche 2): Yes
- Provide an APP 5 collection notice at or before collection: Yes
- Publish a Privacy Policy that meets APP 1: Yes
- APP 2 — anonymity + pseudonymity for individuals: Yes
- Comply with Australian sanctions law + screening (DFAT): Yes
- All 17 answers for lawyers & solicitors
Other industries with a non-default answer
Questions
- Does APP 7 direct marketing: consent, opt-out & when you can't message (2026) apply to lawyers and solicitors?
- Yes. This obligation applies to lawyers and solicitors whatever their structure or size. The deciding fact: AML/CTF reporting entity — covered by the Privacy Act for AML/CTF activities (s 6E(1A)) · Sells to consumers.
- Is the answer the same for every industry?
- No. For 24 of the 35 industries Rules Mate maps, the answer is it depends on structure or size. Lawyers & solicitors is one of 11 industries with a different answer.
Related
Sources
Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.