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ARTICLE · 26 JANUARY 2012

Direct Marketing: Unsolicited Electronic Communications

Werksmans Attorneys
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The protection of privacy has become a worldwide concern. Companies can compile multiple types of information about their customers, and thereby build up sophisticated databases of information which may, for example, contain a compilation of customer lists that allow customer profiling. Such a list not only has strategic value, but is a valuable asset that may be sold to third parties.

South AfricaMedia, Telecoms, IT, Entertainment
Ina Meiring
Ina Meiring
Tammy Bortz
Tammy Bortz
Neil Kirby
Neil Kirby

The protection of privacy has become a worldwide concern. Companies can compile multiple types of information about their customers, and thereby build up sophisticated databases of information which may, for example, contain a compilation of customer lists that allow customer profiling. Such a list not only has strategic value, but is a valuable asset that may be sold to third parties.

If any information on a database is unlawfully used, processed or sold, it poses real risks to the data subjects (i.e. the persons to whom personal information relates), such as fraud and identity theft, and creates opportunities for unsolicited communications.

The Protection of Personal Information Bill (POPI)1 takes into account international developments regarding data protection and should be welcomed by consumers. POPI not only provides for the rights of data subjects to protect their personal information, but also sets the minimum conditions that must be met when personal

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