Direct Marketing and Cross-Border Transfers

Electronic direct marketing

Section 69 of POPIA regulates electronic direct marketing by means of unsolicited electronic communications.

The section contains specific requirements and exceptions, so organisations should not assume that any electronic marketing is automatically permitted simply because contact details are publicly available.

Cross-border transfers

Section 72 deals with transfers of personal information to third parties in foreign countries.

A transfer outside South Africa can therefore raise POPIA considerations even when the information is being sent to a legitimate service provider or business partner.

For individuals

When signing up for an online service, check who is collecting your information, why it is being collected and whether the service explains international transfers.

For marketing complaints, preserve the message, sender details, date and time and any unsubscribe interaction.

For organisations

International data flows should be mapped rather than assumed to be harmless because a cloud provider is widely used.

The lawful basis for the transfer and the requirements of section 72 should be assessed in context.

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