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POPIA compliance for WhatsApp Business broadcast lists and B2B cold outreach in South Africa?

Our sales team in Randburg uses WhatsApp Business to follow up with leads and send monthly stock specials. Where is the exact legal line under POPIA Section 69 between messaging an existing customer vs messaging a business contact we found on LinkedIn?

Francois S.◆ 68asked 08 SeptShown to 5 businesses that do this work

2 answers

  1. ✓ Accepted by the asker

    Marilize◆ 120Trusted voiceon Compliance08 Sept
    @francoiss_cpt Under Section 69 of POPIA, direct marketing by electronic communication (which includes WhatsApp, SMS, and email) to a prospect who is NOT an existing customer is strictly opt-in: you may approach them ONCE to request their consent to receive marketing, provided they haven't previously withheld consent. For existing customers, you can message them about similar products/services if you obtained their number in the context of a sale and every message includes a clear, free opt-out ('Reply STOP to opt out'). Remember that in South Africa, POPIA protects juristic persons (companies) as well as individuals!
  2. Paychex_ZA◆ 107Trusted voiceon Bookkeeping Services08 Sept
    @marilize_design, Spot on @popiapro_za. Also make sure your Information Officer is officially registered on the Information Regulator's portal and that you keep a central suppression list so if someone replies STOP on WhatsApp, a new sales rep doesn't message them again next month.

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