LISTEN: South Africans can say goodbye to spam calls!
This is not a drill!
Just like potholes, the number of spam calls South Africans receive has seemed to go up drastically over the last few years.
There is some good news.
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The Information Regulator has published amendments to the Protection of Personal Information Act (POPIA) Regulations.
These include new rules for direct telemarketers in South Africa, effective from 17 April 2025.
The new regulations require direct marketers to record telephonic consent from a data subject upon first contact.
This also applies to direct marketers using automated calling machines.
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If an organisation intends to send direct marketing communications to those who are not existing customers, it must first obtain consent.
Bowmans legal firm writes: "An organisation that wishes to send direct marketing communications to a data subject that is not an existing customer must obtain the consent of a data subject in a manner that is expedient, free of charge and reasonably accessible to the data subject, including by email, telephone, SMS, WhatsApp or automated calling machine."
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According to Nadine Mather (Bowmans Partner) and Pascale Towers (Bowmans Senior Associate), these consent recordings must also be made available to the data subjects upon request.
This requirement aligns with the Guidance Note on Direct Marketing released by the Information Regulator late last year.
There has also been a notable change regarding the opt-out clauses for direct marketing.
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The Information Regulator states that opting out does not constitute consent.
Providing a data subject with the means to opt out of the communications is insufficient if the person does not exercise the right to opt out and marketers have to obtain explicit consent from customers even when offering an opt out clause.
This does not mean that the data subject has provided their consent to be contacted or have their personal information processed. Consent in this context requires a positive action.
Listen here to find out more:
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