Information Regulator: Direct marketing Guidance Note

Information Regulator: Direct marketing Guidance Note

• 19 December 2024
• Regulatory Compliance and Legislation
• South African Accounting Academy

Summary:

The Information Regulator has published the long-awaited Guidance Note on Direct Marketing in terms of the Protection of Personal Information Act 4 of 2013 (POPIA).

Article:

The purpose of the Guidance Note is to guide companies, i.e. responsible parties, particularly direct marketers, on how to comply with POPIA when processing personal information of data subjects for direct marketing purposes by means of unsolicited non-electronic communications in terms of sections 11 and unsolicited electronic communications in terms of section 69 of POPIA.

The Guidance Note details the legislative framework applicable to the processing of personal information for direct marketing purposes in terms of POPIA and, from this premise, provides that POPIA “draws a distinction between two types of direct marketing” namely –

• direct marketing other than by means of unsolicited electronic communication. This is explained in the Guidance Note as direct marketing by means of unsolicited “non-electronic” communications. Examples include direct marketing by means of post or hand-delivered mail, in person and/or letterbox drops distributed to an identified address in a specific area; and
• direct marketing by means of unsolicited electronic communication. Examples include direct marketing by means of telephone, automatic calling machines, facsimile machines, SMSs and/or email.

Contents of this Guidance Note:

1. Introduction
2. Purpose
3. Legislative Framework
4. Direct Marketing and the types of direct marketing in terms of POPIA
5. Direct marketing other than direct marketing by means of unsolicited electronic communications
6. Objection in terms of section 11 (3)(b) of POPIA
7. Direct marketing by means of unsolicited electronic communication in terms of section 69 of POPIA
8. Registering a pre-emptive block in terms of section 11 of the Consumer Protection Act 68 of 2008
9. Compliance with the eight conditions for the lawful processing of personal information
10. General guidance regarding sharing of personal information and automated decision making
11. Legal effect of the Guidance Note
12. Contact details
13. Reference List

Click here to download the 26-page Guidance Note:

https://inforegulator.org.za/wp-content/uploads/2020/07/GUIDANCE-NOTE-ON-DIRECT-MARKETING-IN-TERMS-OF-THE-PROTECTION-OF-PERSONAL-INFORMATION-ACT-4-OF-2013-POPIA.pdf

Relevance to Auditors, Independent Reviewers & Accountants:

• Consumers should stay informed of the latest developments and news articles that are published in the media, and by the Information Regulator.
• Everybody who is prone to receiving unsolicited direct marketing calls, can benefit from knowing how to stop it.

Relevance to Your Clients:

• Consumers should stay informed of the latest developments and news articles that are published in the media, and by the Information Regulator.
• Everybody who is prone to receiving unsolicited direct marketing calls, can benefit from knowing how to stop it.

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