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POPIA: Direct marketing guidance note.
POPIA
DIRECT MARKETING
GUIDANCE NOTE
Dear employer
On 3 December 2024, the Information Regulator published a Guidance Note on what lawful direct marketing practices in South Africa entails. This note clarifies the requirements for processing of personal information for purposes of direct marketing, within the Protection of Personal Information Act (POPIA) framework.

Electronic communication: Where direct marketing occurs by means of electronic communication (email, automated calling machines, telephone, direct messaging on social media platforms or SMSs):
POPIA distinguishes between a data subject who is a customer, and a data subject who is not a customer.

The Guidance Note also gives direction on aspects related to (i) how to comply with the eight conditions for lawful processing when engaging in direct marketing activities, (ii) registering a pre-emptive block in terms of the Consumer Protection Act and (iii) lead generation and profiling in the direct marketing context.
Businesses that engage in direct marketing should therefore align their practices with the guidance note to ensure compliance with the POPIA.
For assistance with POPIA compliance matters, please contact your regional NEASA office.
For more information
NEASA Media Department

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