Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 26 NOVEMBER 2019

Direct Marketing – The Way Forward

Cliffe Dekker Hofmeyr
Cliffe Dekker Hofmeyr
Contributor
Cliffe Dekker Hofmeyr

Cliffe Dekker Hofmeyr

Cliffe Dekker Hofmeyr (CDH) is one of the largest full-service business law firms in South Africa,...

View firm profile
Explore more from Cliffe Dekker Hofmeyr

Direct marketing is big business. It is frequently used by businesses as a marketing tool. Many businesses undertake research about prospective customers by accessing information...

South AfricaMedia, Telecoms, IT, Entertainment
Justine Krige
Justine Krige

Direct marketing is big business. It is frequently used by businesses as a marketing tool. Many businesses undertake research about prospective customers by accessing information already in the public domain. This includes gleaning information from publicly accessible websites (such as LinkedIn, Facebook and the like), and obtaining information via company switchboards. The personal information is then captured and stored. The business then reaches out to these prospective customers (in person, via post, via personalised or mass-generated emails and/or via telephone calls) to market goods or services. The communication via person, mail or electronic communication for the purpose of promoting any goods or services, or requesting a donation constitutes direct marketing.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Data Localisation In The Public Sector: Where Should Government Data Reside?

South Africa's government directive mandates that all government data must reside within national borders when using cloud computing services, creating complex compliance challenges as modern cloud environments often involve cross-border data flows. This requirement forces government institutions and technology providers to carefully examine the entire data lifecycle, from storage and backup to access and processing, while ensuring compliance with the Protection of Personal Information Act.
South AfricaMedia, Telecoms, IT, Entertainment
ENS
ENS
Article

South Africa’s Opt-Out Registry: This Is An IT Project, Not Just A Legal One

South Africa's National Consumer Commission Opt-Out Registry introduces a dual compliance framework that requires organisations to satisfy both POPIA's personal information processing requirements and the CPA's pre-emptive marketing blocks. Businesses must fundamentally restructure their technology, data management, and operational processes to prevent prohibited marketing communications from reaching consumers who have exercised their right to opt out.
South AfricaMedia, Telecoms, IT, Entertainment
ENS
ENS
Article

Data Derived From AI: Understanding The Legal Risks Of Synthetic Data, Embeddings And AI-generated Data

AI systems are generating new categories of data that challenge traditional SaaS contract definitions, creating potential disputes between vendors and customers over ownership and usage rights. As synthetic data, embeddings, and vector databases emerge from AI processes, existing contractual frameworks for anonymised and aggregated data may prove inadequate to address the commercial, legal, and regulatory risks these novel datasets present.
South AfricaMedia, Telecoms, IT, Entertainment
ENS
ENS
Article

Unclaimed Benefits: Treasury Proposes Major Reform For Retirement Funds

National Treasury has proposed a centralised framework for administering South Africa's estimated R88 billion in unclaimed financial assets, including retirement benefits. The discussion paper outlines a system where a central administrator would manage tracing, record-keeping and claims through a single public portal, with assets potentially transferred to the Corporation for Public Deposits.
South AfricaEmployment and HR
Cliffe Dekker Hofmeyr
Cliffe Dekker Hofmeyr
Article

Fraudulent Misrepresentation In Employment Comes At A High Price: Labour Court Orders Former CIO To Repay More Than R2.8 Million

A South African Labour Court has ruled that an employee who secured her position through fraudulent misrepresentations about her employment history must repay all remuneration received, along with costs incurred from consultants she secretly promoted. The judgment establishes significant precedent for employer remedies when recruitment fraud results in no value delivered, while confirming the Labour Court's jurisdiction over employment-related fraud claims.
South AfricaEmployment and HR
Cliffe Dekker Hofmeyr
Cliffe Dekker Hofmeyr
Article

A Critical Analysis Of The Regulation Of Trusts Bill, 2026: Proposed Reforms, Practical Implications And The Challenges Of Effective Implementation

South Africa's Regulation of Trusts Bill, 2026 proposes the most significant overhaul of trust law since 1988, introducing comprehensive compliance obligations, beneficial ownership transparency, and enhanced regulatory oversight. While aimed at strengthening accountability and aligning with international anti-money laundering standards, the Bill raises critical questions about practical implementation, institutional capacity, and the balance between regulatory rigor and administrative feasibility.
South AfricaCorporate/Commercial Law
Cliffe Dekker Hofmeyr
Cliffe Dekker Hofmeyr
Article

Reminder: Employers Have A Responsibility To Deal With Harassment In The Workplace

South Africa's 2022 Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace represents a significant shift from addressing sexual harassment alone to tackling all forms of workplace harassment, including bullying, intimidation, and cyber-harassment. The Code extends beyond physical office boundaries to encompass remote work, digital communications, and work-related events, while placing unprecedented emphasis on proactive prevention rather than reactive response. Employers mus
South AfricaEmployment and HR
Cliffe Dekker Hofmeyr
Cliffe Dekker Hofmeyr
Video

Webinar Recording | When They Knock: Preparing For Dawn Raids Under The Competition Act (Video)

The Competition Commission's recent dawn raids in the scrap-metal sector signal a shift from policy to enforcement action. This practical webinar explores how businesses can identify collusion risks, prepare for dawn raids, and manage competitor contact under South African Competition Act provisions. The session addresses business readiness in an era where digital evidence, including AI-related records, plays an increasingly central role in competition investigations.
South AfricaAntitrust/Competition Law
Cliffe Dekker Hofmeyr
Cliffe Dekker Hofmeyr
Article

No Easy Escape From Gauteng’s Mandatory Mediation Regime

A recent Gauteng High Court judgment confirms that mandatory court-annexed mediation cannot be avoided simply because parties are hostile toward each other or believe the process will be futile. The court ordered an uncooperative defendant to participate in mediation, establishing that only exceptional circumstances will excuse parties from the process introduced by the Directive and Protocol.
South AfricaLitigation, Mediation & Arbitration
Cliffe Dekker Hofmeyr
Cliffe Dekker Hofmeyr
Article

What's in a name: “contingent and prospective” creditors in business rescue

The Western Cape High Court has delivered a significant ruling on whether contingent and prospective creditors have standing to initiate business rescue proceedings under Chapter 6 of the Companies Act. The judgment settles on the grammatical meaning of "creditor" and clarifies the rights of sureties and subordinated debt holders in business rescue applications. This decision has important implications for lenders and creditors seeking to place debtors into business rescue proceedings.
South AfricaInsolvency/Bankruptcy/Re-Structuring
Cliffe Dekker Hofmeyr
Cliffe Dekker Hofmeyr
Video

Njeri Wagacha Talks Liz Fanning, Founder And CEO At CorpsAfrica (Video)

Njeri Wagacha sits down with Liz Fanning, Founder and CEO of CorpsAfrica, to explore her transformative journey from Peace Corps volunteer to building an organization dedicated to empowering young people and high-poverty rural communities across Africa. The conversation delves into African-led development, local ownership, youth engagement, and the critical importance of listening to communities as they identify solutions to their own challenges.
South AfricaCorporate/Commercial Law
Cliffe Dekker Hofmeyr
Cliffe Dekker Hofmeyr
Article

Labour Court Confirms That Claims Of Protected Disclosure Must Fit The Definition Under The PDA

The Labour Court has ruled that workplace complaints do not automatically qualify as protected whistle-blowing under South Africa's Protected Disclosures Act. This judgment examines when employee allegations of impropriety receive legal protection and what factual foundation is required to establish a protected disclosure that shields workers from retaliation.
South AfricaEmployment and HR
Cliffe Dekker Hofmeyr
Cliffe Dekker Hofmeyr