Final POPIA regulations published

PrintPrint

The final version of the Regulations published in terms of the Protection of Personal Information Act have been published. While they are much improved from the original version there are still some real problems with the Information Regulator's approach to direct marketing. 

Regulation 6 as read with Form 4 make it clear that direct marketing consent in terms of POPIA can only happen in writing. Of course the definition of 'electronic communication' excludes (in our opinion) telemarketing which in turn means that you should still be able to get consent to direct marketing for telemarketing orally. That may be a real concern though if you intend to use multiple communication methods (SMS, email, Whatsapp etc) to speak to the consumer. 

Another concern when it comes to direct marketing is that it seems many people focus on section 69 (with regulation 6 and form 4) while ignoring the rest of POPIA. This is a big mistake as you still need to comply with the 114 other sections of POPIA if you are doing telemarketing and one such requirement is: 'What legitimate purpose (section 11(1)) do you have to market to the consumer (tip: you wanting to market to the consumer is not a 'legitimate purpose')?

Despite there not being that much about direct marketing in POPIA it is a suprisingly difficult area to understand and manage. Our opinions for our clients on direct marketing often open up a veritable pandora's box of problems that just seem to multiply and we really need to work hard to find practical solutions to the legal challenges. 

If you want our opinion on how to deal with direct marketing please contact us at paul@ea.law.za

If you would like to read the final POPIA regulations click here (PDF - 7.7mb).