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Data Protection - Guidance Note on Direct Marketing

The Information Regulator in South Africa has issued a guidance note relating to the processing of personal information for the purposes of unsolicited direct marketing by non-electronic communications in terms of section 11 of POPIA and by electronic communications in terms of section 69 of POPIA (Guidance Note). This is aimed at clarifying the Information Regulator's position regarding marketing communications given the large number of complaints that have been lodged with the Information Regulator. The Guidance Note is advisory in nature and POPIA and the Regulations will prevail over the Guidance Note in the event of inconsistency.