We recently attended an insightful webinar hosted by JUTA, featuring distinguished speakers, including Pansy Tlakula advocate and chairperson of the Information Regulator of South-Africa, Elizabeth De Stadler, and Ilze Luttig Hattingh. Various topics were unpacked during this webinar, but one we were most interested in was the Regulators much-anticipated direct marketing guidance note, its insights and expectations.
The imminent guidance note from South-Africa’s Information Regulator on direct marketing is aimed to clarify how the Protection of Personal Information Act (POPIA) applies to direct marketing, specifically addressing the use of telemarketing. A key reason for the guidance note is to offer clarity on what constitutes as “electronic communication.” The Information Regulator has decided that telemarketing via phone is considered electronic communication under POPIA, even though this has been a point of disagreement. This decision aims to tackle the ongoing issues of unsolicited marketing calls that have persisted despite POPIA regulations, with many companies evading the rules.
So, in our view, what can be expected from the new guidance note:
Direct Marketers will be expected to seek explicit consent from their data subjects, prior to contacting them via phone, email or SMS with their service or product they are indenting to offer the data subject, ensuring transparency and compliance with privacy laws. The data subject can only be approached ONCE, if consent is declined, they can’t be contacted again, and their information needs to be deleted.
Direct Marketers will also be expected to be very clear on what product or services will be offered when requesting consent from the data subject, to ensure they are aware what they are consenting for. However, once the new guidance note is issued, we will have more clarity.
Our last observation from this session is that the Information Regulator means business when it comes to direct marketing and privacy laws, be prepared for a data breach, ramp up your information security and demonstrate that you acted responsibly, this will only soften the blow when a data breach occurs.
Contact us today, let us help you with these steps.