Direct Marketing Under POPIA: Email, SMS, and Cold Calling

The End of Unsolicited Spam

For years, South African businesses freely bought databases of emails and phone numbers to blast with marketing messages. POPIA has officially made this practice illegal. The rules around direct marketing via electronic communications are incredibly strict.

Opt-In is the Rule for New Prospects

You may only send direct electronic marketing (email, SMS, WhatsApp) to someone if they have explicitly opted in. This means:

• You cannot pre-tick a "subscribe me to the newsletter" box.
• You cannot scrape emails off LinkedIn or a website.
• You cannot buy or rent lists of email addresses.

Consent must be voluntary, specific, and informed.

The "Existing Customer" Exception

There is one major exception. You can market to existing customers without them explicitly opting in, but only if all the following conditions are met:

1. You obtained their contact details in the context of selling them a product or service.
2. You are marketing your own similar products or services.
3. You gave them a clear opportunity to opt-out at the time you collected their details.
4. You give them a clear opportunity to opt-out in every single marketing message you send them.

Cold Calling is Different

Interestingly, POPIA treats cold calling differently than email or SMS. Cold calling is technically "opt-out". You can cold call someone without prior consent, but you must immediately respect their request if they ask you to stop, and you must check their number against a Do Not Contact registry (if one exists for your industry).

The Unsubscribe Link is Mandatory

Every single piece of electronic marketing must contain an easy, functional way to unsubscribe. If someone unsubscribes, you must remove them from your active marketing lists immediately. Continuing to email someone who has opted out is a direct violation that can result in severe penalties.

Update Your Privacy Policy

Your marketing practices must be clearly outlined in your website's Privacy Policy. Use POPIA Ready to generate a policy that correctly covers your marketing activities.