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HomePOPIA email marketing rules

Email marketing
under POPIA.

POPIA section 69Consent and opt-outPlain English
See bulk email marketing AI and POPIA

Is email marketing legal in South Africa under POPIA?

Yes, with conditions. Under section 69 of POPIA you may send electronic direct marketing only to people who have consented, or to your own existing customers about similar products, provided they were given a chance to opt out when you collected their details and in every message since. Each email must say who sent it and how to opt out.

Protection of Personal Information Act 4 of 2013, section 69. A plain-English summary, not legal advice.

Who you may email

Consent or
customer.

A new contactAn existing customer
What you needTheir consent first (opt-in)The existing-customer conditions
Asking for consentOnce only, and not if they already refusedNot needed if the conditions are met
What you may sendWhat they consented toYour own similar products or services
Opt-out in every emailYesYes
Your identity and contact detailsYesYes
The detail

What section 69
actually asks.

The existing-customer rule

You may market to a customer by email without fresh consent if you got their details in the course of selling them a product or service, you market only your own similar products or services, and you gave them a free, simple chance to object when you collected their details — and in every message since.

The one-time ask

For anyone else you need consent first. You may approach a person once to ask for it, and not at all if they have already refused. The Information Regulator's regulations include a form for requesting consent.

An unsubscribe link is not consent

The Information Regulator has found that offering an opt-out does not cure marketing sent without consent. Get consent first; the unsubscribe link is required as well, not instead.

Businesses are covered too

POPIA protects juristic persons as well as individuals, so business-to-business email is not automatically exempt.

Keep records

Keep proof of consent and a list of who opted out, and honour opt-outs promptly. The Regulator can issue fines of up to R10 million.

How our bulk email handles it

Bulk email marketing sends to POPIA-aligned lists, handles unsubscribes for you, and sets up SPF, DKIM and DMARC so your mail has the best chance of reaching the inbox. It is quoted to your list — request a quote on its page.

Questions

POPIA email
questions.

Yes, unless the person is your existing customer and the section 69 customer conditions are met.

Not automatically. POPIA protects juristic persons too, so the same section 69 rules apply to business email addresses.

No. You need consent (or the existing-customer conditions) first; the opt-out must be in every email as well.

The Information Regulator can impose administrative fines of up to R10 million.

No. It is a plain-English summary of section 69; check your situation with an attorney.

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