From Louis the Lawyer – POPI

marketing (definition
corresponds with that in
CPA) i.e. ‘approaching a
data subject via electronic
communication or mail for
the purposes of promoting
or offering to sell goods
or services or to request
a donation of any nature’
(DM) – section 69.
It includes by means
of automated calling
machines (i.e. no human
intervention), fax machines,
SMS or e-mail and it is
prohibited unless the
DS has consented or
is a customer of the
responsible person (RP).
If it is a customer, the
following requirements
must be met:
The contact details
(not defined) of the
customer must have been
obtained in the process
of a sale of products or
services;
The purpose of the DM
must be must be the RP’s
own similar products or
services;
DS must be given a
reasonable opportunity
to object, ‘free of charge
and in a manner free of
unnecessary formality’ to
use of his/her electronic
details (Compare ‘contact
details’ above):
at the time the
information was collected,
and
each DM communication,
if such use was not
initially refused [opt out]
Each DM communication
must contain the
following:
Details of sender/party
on whose behalf it is
sent;
Address for DS send a
‘stop’ request.