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Cybersecurity

Your WhatsApp Marketing Message Can Be a POPIA Issue

POPIA regulates direct marketing using electronic communications like SMS, email and WhatsApp, generally prohibiting processing personal information for electronic marketing unless the person has consented or a specific existing-customer exception applies.

Businesses sometimes treat a phone number or email address as if it automatically gives them permission to market anything to that person. POPIA makes the situation more complicated — marketing communications must identify the sender and give the recipient a way to opt out, or the business risks legal and reputational exposure.

Source: Protection of Personal Information Act — Department of Justice

Frequently Asked Questions

Can a business send marketing emails to anyone whose email address it finds?

Not automatically — POPIA places restrictions on electronic direct marketing.

Can an existing customer receive marketing?

There is a specific exception for certain existing customers, subject to conditions.

Must marketing messages identify the sender?

Yes — the Act requires identification and a means for the recipient to request that marketing stop.

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