POPIA Q&A: Marketing to Certain People Without Extra Consent

In 2020, Everlytic and Elizabeth from Novation Consulting hosted a POPIA Webinar Series to unpack the legalities of the POPIA legislation that will be enforceable in South Africa from 1 July 2021. In this POPIA Q&A blog series, we share some of the questions we received during the three webinars and the answers Elizabeth provided. This blog covers the questions we received on marketing to certain people without extra consent.

POPIA Q&A: Marketing to Certain People Without Extra Consent | Woman working on computer | Extra consent

It depends how they ended up on the list. If you told them you’d be marketing to them, if the products or services you’re marketing are along the same lines of what they consented to, and if you’ve continuously given them the opportunity to opt out, then you can continue marketing to them.

This depends on if you told them you’d be marketing to them, if the products or services you’re marketing are along the same lines of what they consented to, and if you’ve continuously given them the opportunity to opt out.

If you told them, in the face-to-face session, that you’d eventually use their details for direct marketing, got them to sign for this so there was a record (or you kept a recording of a digital meeting), and gave them the opportunity to opt out, then no. If you didn’t do this in your face-to-face sessions, then yes, you will need consent.

If you’ve been upfront that you’ll be sending these types of messages and they agree, then that is considered consent. You can nurture leads in this way.

Remember the rule of thumb: would this person be surprised to receive this information?

No, if it’s a service message you don’t need an opt-out as you want to be able to contact them about their services. Just make sure you don’t mix your service messages with direct marketing.

If they know that this is what you’ll be using their information for, they explicitly opt in for it, and you continuously give them the opportunity to opt out.

Elizabeth from Novation Consulting would argue that this is a service message and not direct marketing, in which case consent would not be required. Until POPIA is in effect, one can’t be certain, but for now, this is her position.

For more guidance, watch our POPIA webinars, listen to our POPIA podcasts, read our POPIA guide, or chat to a POPIA expert, like Elizabeth de Stadler from Novation Consulting.

By |May 11th, 2021|
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