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.
