B2B & B2C
At present, it is possible to send direct marketing SMSs to individuals and organisations unless they have required to be registered on the internal Do Not Contact list of the marketing organisation concerned. The registered cell phone numbers must be retained on the internal Do Not Contact list for three years.
Once POPIA is fully in force, it will not be permissible to send direct marketing sms’ to individuals, or organisations without their consent, unless data subjects are customers of the direct-marketers and:
- Their contact details have been obtained in the context of the sale of a product or service;
- They are marketed to for the purpose of marketing the marketer’s own similar products and services;
- They have been given a reasonable opportunity to object, free of charge and in a manner free of unnecessary formality, to the use of their contact details at the time the information was collected and on the occasion of each communication with the data subject for the purposes of marketing.
Finally, it is not possible to send direct marketing mails to individuals and organizations if they have registered on the DMASA National OPT OUT Database