Email, SMS and WhatsApp marketing need consent or an existing customer relationship. Here is how it works.
Section 69 of POPIA strictly controls direct marketing by electronic communication: email, SMS, WhatsApp, automated calls and similar channels.
The rule: you may send electronic direct marketing only to a person who has given consent, or who is an existing customer.
Existing customers: you may market to a customer whose contact details you obtained in the context of a sale, but only for your own similar products or services, and only if they were given the chance to object when the details were collected and in every message since.
Asking for consent: you may approach a person for consent only once, and only if they have not previously withheld it. Use a clear opt-in, not a pre-ticked box.
Every message must identify the sender and include a simple way to opt out, at no cost to the recipient. Act on opt-outs promptly.
Bought lists: buying or sharing contact lists rarely meets these requirements. If you cannot prove consent or a customer relationship, do not send.
Keep records of where each contact came from, when consent was given and when opt-outs were processed. If the Information Regulator investigates a complaint, the burden is on you to show that the marketing was lawful.
This article is general information, not legal advice for your specific situation. Speak to a MetaCo consultant about your organisation.