South Africa’s new rules on direct marketing have expanded the scope of electronic communications, which includes telephone calls, push notifications and cookies. <\/p>\n\n\n\n
The Information Regulator released a guidance note on direct marketing under the Protection of Personal Information Act 4 of 2013 (POPIA) in December. <\/p>\n\n\n\n
The Informationation Regulator said that the Guidance Note is non-binding, which guides responsible parties conducting direct marketing. <\/p>\n\n\n\n
Data subjects expect companies to comply and challenge them if their personal information is handled in a way that does not comply with the Information Regulator’s recommendations.<\/p>\n\n\n\n
Organisations have also been cautioned to consider their direct marketing approaches and ensure that they comply with POPIA and the Guidance Note’s requirements.<\/p>\n\n\n\n
Tayyibah Suliman and Sadia Rizvi from Cliffe Dekker Hofmyer said that the Guidance Note intends to assist responsible parties in the interpretation of POPIA regarding direct marketing.<\/p>\n\n\n\n
However, it also expands the ambit of POPIA expands the ambit of POPIA. <\/p>\n\n\n\n
Section 69 of POPUA regulates direct marketing restrictively for any direct marketing in the form of electronic communication, such as e.g. emails and SMSes. <\/p>\n\n\n\n
Data subjects will have to \u201copt-in\u201d to the processing of personal information. <\/p>\n\n\n\n
The responsible party will also need the consent of the subject before sending direct marketing communication to any data subject. <\/p>\n\n\n\n
Moreover, the responsible party can only approach the data subject once to obtain consent.<\/p>\n\n\n\n
If the data subject is an existing customer of the responsible party, it must allow the customer to object to the processing of their personal information.<\/p>\n\n\n\n
The responsible party will only send direct marketing communication to the customer if the responsible party obtained the information during a sale.<\/p>\n\n\n\n
The customer also requires a reasonable opportunity to object to the processing.<\/p>\n\n\n\n
The Guidance Note mentions two types of direct marketing: direct marketing via non-electronic communications and direct marketing by means of electronic communications. <\/p>\n\n\n\n
These two types of direct marketing entail different regulations. <\/p>\n\n\n\n
The experts said that “electronic communication\u201d is any message sent over an electronic communications network, stored in the network or recipient\u2019s terminal equipment.<\/p>\n\n\n\n
Notably telephone calling, such as Voice over Internet Protocol (VoIP), is considered an electronic communication.<\/p>\n\n\n\n
Other methods of electronic communication include push notifications, direct messaging on social media platforms and the use of cookies,<\/p>\n\n\n\n
“The Guidance Note also clarifies how direct marketing can be conducted without the data subject being a customer,” said the experts. <\/p>\n\n\n\n
“Consent must be obtained before sending the communication, using Form 4 \u2013 Application for consent of a data subject.”<\/p>\n\n\n\n
If a customer was not asked about consent about marketing specifically, it cannot be deemed that the customer gave consent. <\/p>\n\n\n\n
All further communications sent must also contain the prescribed information under section 69(4) of POPIA.<\/p>\n\n\n\n
A database of consumers who have withheld their consent must also be kept by the responsible party.<\/p>\n\n\n\n
“Reference to VoIP technology under the Guidance Note has expanded the scope of electronic communications, including telephone calls, push notifications, direct messaging and cookies,” said the experts.<\/p>\n\n\n\n
“This broadens compliance, as marketers must embed consent and opt-out mechanisms in other direct marketing activities.” <\/p>\n","protected":false},"excerpt":{"rendered":"
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