Two pieces of legislation protect the rights of South African consumers when it comes to direct marketing.
We used to think direct marketing by phone was the most irritating thing in our day, but now direct marketing is everywhere. In your email inbox, on your social media pages and even in your WhatsApp inbox.
The CPA protects natural persons as well as juristic persons where a juristic person’s annual turnover is below R2 million, the current threshold set by the minister of trade, industry and competition. The National Consumer Commission can also establish a national opt-out register for the purpose of direct marketing, but it has failed to set up such registry so far. However, the Direct Marketing Association of South Africa hosts a national opt out register where you can indicate that you do not want to receive direct marketing messages.The CPA also sets out specific times that consumers may not be contacted for the purposes of direct marketing.
“The general rule under POPIA is that most forms of digital marketing require the prior opt in consent of the intended recipient, with this consent obtained in the prescribed manner. However, the soft opt in rule is the exception.”They say Form 4 essentially requires the responsible party to provide its own details and asks for your express consent to process your personal information for the purposes of direct marketing.
the responsible party clearly and distinctly gave you the opportunity to opt out of marketing by electronic communications in a way that is simple and free of charge at the time your details were initially collected and in each subsequent marketing communication. “Until a guidance note is released and the Information Regulator specifically clarifies that telemarketing falls within the ambit of direct marketing under POPIA, telemarketers do not strictly require your consent in the prescribed manner. However, they will need to comply with all other POPIA and CPA requirements regarding their telemarketing activities.”
whether you are an existing customer of the responsible party, making it more likely that you would expect to receive marketing from the responsible party
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