Do Not Contact Me!

Without Prejudice December 2011

South African laws in the past have always been less strict on direct emailing than those of the US and Europe.

Prior to the implementation of the Consumer Protection Act 68 of 2008 (CPA) in South Africa, it was legal to send unsolicited emails provided that:

• Recipients were provided with a mechanism to remove themselves from the mailing list as part of the email; and
•  Upon request, the recipient was entitled to details of how their information was obtained.
• The CPA has taken regulation of commercial emailing a step further by granting consumers the right to pre-emptively block unwanted direct marketing (of any sort). This right to restrict unwanted direct marketing forms part of the consumer's right to privacy contained under Chapter 2 of the CPA which sets out the "fundamental consumer rights" granted by this piece of legislation.