Legally direct marketing is defined as an approach to a person either in person or by mail or electronic communication, for the direct or indirect purpose of promoting, offering to supply,
in the ordinary course of business any goods or services or to request a donation of any kind. Direct marketing can take various forms: cellular text messaging (SMS), email marketing, pay-per-click advertising, banner advertising, social media marketing etc.
Spam usually takes the form of direct marketing, but the main aim of spam is different to that of “normal” direct marketing as the content is usually fraudulent or deceptive. Legislation mostly describes spam as “unsolicited electronic messages” or “unsolicited commercial messages”.
There is in essence three Acts in South Africa which all contract lawyers and lawyers for business should be aware of that deal with abovementioned. The Electronic Communications Act (“ECT Act”), the Consumer Protection Act (“CPA”) and the Protection of Personal Information Act (“POPI Act”).
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