How to market without breaking the law

How to market without breaking the law 2017-12-07T07:00:42+00:00

Complying with advertising law and marketing law is important because otherwise, you can get yourself into some serious trouble. Advertising and marketing are just as important as they have always been to the success of organisations. Especially digital marketing, electronic marketing, online marketing, social marketing or mobile marketing, whatever you want to call it. In the digital context, you need to be especially careful to stay clear of legal problems, difficulties or disputes. The models may have changed to content marketing, relationship marketing, in bound marketing or lifecycle marketing, but the principles remain the same.

The law has adapted to deal with digital marketing and the legal changes impact on all forms of marketing and advertising. The playing field has changed. These laws have a big impact on all forms of marketing, advertising and sales.

We offer a seminar, webinar, workshop, or executive briefing on this topic. Get a working understanding of the laws and rules that apply to marketing. Get up-to-speed quickly.


  • Be aware of and get a working understanding of the latest laws that relate to marketing and advertising.
  • Understand the practical impact on you.
  • Learn how to market to people lawfully and enhance your reputation by doing so.
  • Learn how to comply with your privacy obligations and avoid liability for non-compliance.

What do we cover?

  • The relevant sections of the Consumer Protection Act, including the consumers right to privacy and direct marketing.
  • The relevant sections of data protection laws and regulations (like the Protection of Personal Information Act (POPI Act).
  • Relevant sections of e-commerce laws (like the ECT Act) – what do the amendments mean for you?
  • Relevant Codes of Conduct – do you have to comply?
  • What is the overlap with the National Credit Act?
  • How do the laws affect direct marketing?
  • What is the impact on email and SMS marketing?
  • Unsolicited electronic communications – Opt-in or Opt-out?
  • Know when unsolicited communications are lawful.
  • What to do when collecting personal information.
  • When can you market directly by electronic and physical means and to whom?
  • Promotional Competitions under the CPA – the new position and legal requirements.
  • Competition rules – a template for your competitions.
  • Marketing websites and the legal considerations.
  • When a retailer displays the wrong price.
  • Take Home Points and Action items.

Course material

We will provide attendees with:

  • a link to an electronic copy of our presentation,
  • our POPI Mapper – a tool to map activities,
  • a list of POPI Action Items so that the session translates into practical action, and
  • an audio recording of the event (private sessions only).

Private workshops

We present private, in-house workshops to you at your premises.


If you are interested, please complete the form on the right or enquire now. We will contact you to find out more about your requirements and give you a quote.

Executive briefing

We also offer this in the form of an executive briefing. Executives must have a high level understanding and how it will affect their organization. They must lead the development of successful compliance programs or projects and be able to explain them to boards of directors, investors, business partners and the general public. The briefing will help executives leverage their compliance efforts into positive public relations and business benefit. It is a shortened version of this workshop.

Who should attend? Why should they be aware of the laws?

  • Anyone who provides marketing services to others – to do it in accordance with the law
  • Marketers (like marketing managers)  – to market goods or services in accordance with the law
  • Advertisers – to advertise in accordance with the law
  • Directors (executive and non-executive, CEOs and FDs) – to discharge their legal duties. The executive briefing is specifically designed for directors.
  • Compliance officers – to effectively comply with the laws
  • Legal advisors (corporate lawyers or in-house lawyers) – to provide good legal advice on the related issues

Very intelligent, experienced and educated people often attend our workshops. They usually know more about their fields than we do, so we see ourselves as facilitators helping the group to explore the topic. We always encourage people to add their value at any stage.

Who is the presenter?

practical attorney from Michalsons. We will ensure the attorney is the best person to present the course depending on the type of course, the date, the specific issues and the attendees.

How long is it?

We provide this course in different formats. Public and private sessions can last for anything from 45 minutes, half a day or a full day. We also provide eCourses that can be done via the Internet at your convenience. We welcome enquiries for more information and details.