POPI – Be Compliant, not Defiant! Part II
Regarding email marketing – POPI explicitly outlines the conditions upon which email communications is prohibited. Section 66 specifies that under the new legislation, no electronic marketing messages may be sent to customers unless they have been granted specific permission to do so.
According to Gillian Meier of Blue Magnet Digital Solutions, until POPI, the only legislation governing electronic communications has been define under the Electronic Communications and Transactions (ECT) and Consumer Protection (CPA) Acts, where both pieces of legislation imply that direct electronic marketing is permitted, even without prior consent form the individual, provided that the recipient is given the option to opt-out of such future communications.
However POPI now “completely outlaws” any form of direct marketing without having first obtained permission from the individual concerned (referred to as the data subject in the legislation).