How come I am still getting emails? We’re getting asked this question a lot. And it’s a good one.

There is much misinformation out there about if and how you can communicate with existing and potential clients. So it is vital to get the legal position right to protect the data subject’s rights and for organisations to thrive.

What does POPIA say?

POPIA is not trying to inhibit business. In fact, it allows you to contact existing and potential clients in certain circumstances. For example, suppose a client contacts you about a product or a service. In that event, you may communicate with them as long as they can unsubscribe from your communication at any time, and you alert them to your privacy policy.

Under POPIA, section 69(3) says you may communicate via electronic means (emails, instant messaging) with clients if you:

  • obtain their details in the context of a sale of products or services; and
  • market your similar goods or services.

But you can only market to your customers (under this provision) if you also meet the requirements in section 69(3)(c). In essence, this section says the client must be able to object:

  • when you collect their personal information; and
  • on each communication that you send to them.

Only once you’ve complied with all the requirements above can you market to a customer.

What does the opportunity to object mean? Well, we think you must allow a client to say: “Please don’t contact me for marketing purposes”. For example, say you receive an email or a phone call from a client or someone who has filled out a “contact us” form. And they say, “Please don’t direct market to me – but still contact me for this product or service”. In that case, you can’t direct market to them.

We lead by example

When someone contacts us via a form on our website, they probably want to know about our products or services. Our website links to our privacy policy (directly next to the form). The policy provides our website visitors with our plan to protect their personal information while also enabling them to object to processing. And, of course, our emails give them the option to unsubscribe. If they were to unsubscribe, then we’d only communicate with them about similar goods or services.

What does this mean for you?

  • As an individual, know that organisations should give you the option to unsubscribe at any point. They must also provide you with access to their privacy policy.
  • As an organisation, you can communicate with new and potential clients as long as you follow POPIA’s requirements.