POPIA updates: New rules for telemarketers
Here’s what the changes to the Protection of Personal Information Act mean for the consumer.
Changes to the Protection of Personal Information Act (POPIA) have been published by the Information Regulator.
These include new rules for direct telemarketers in the country, according to My Broadband.
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These regulations came into effect as of April 17, 2025. Here’s what it means:
Recording telephonic consent
Direct marketers must record consent when first contacting data subjects via telephone or automated calling machines. These recordings must be made available to data subjects upon request.Explicit consent required
Marketers must obtain explicit consent from non-existing customers before sending direct marketing communications. This consent must be obtained in a convenient, free, and reasonably accessible manner.Opt-out clauses insufficient
Providing an opt-out option is not enough; marketers must obtain explicit consent from customers, requiring a positive action to opt in.
Additional requirements
Consent documentation
While the previous "Form 4" is no longer strictly required, consent must still be obtained in a form substantially similar to it, specifying goods and services to be marketed and the data subject's preferred communication method.Multi-channel access
Data subjects can now exercise their rights through various channels, including email, SMS, WhatsApp, or any other convenient method, to object to processing, request correction or deletion of personal information, or access their information free of charge.Informing data subject
Marketers must explicitly inform data subjects of their right to object to the processing of their personal information and respond to requests for correction or deletion within 30 days.
What does this mean for businesses?
These amendments emphasise the importance of transparency and consent in direct marketing.
Businesses must adapt their practices to comply with the new regulations, ensuring they prioritise data subject rights and maintain accountability.
By doing so, organisations can build trust with their customers and avoid potential penalties.
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