South Africa has multiple regulations that relate to email marketing and spam. The Electronic Communications and Transactions Act (ECTA) 2002 was the first law to address unsolicited communication and opt-out requirements. Further regulations are stipulated in the Consumer Protections Act (CPA) 2008, and the Protection of Personal Information Act (PPIA) 2013.
Section 45 of the Electronic Communications and Transactions Act requires all email campaigns to provide an opt-out or unsubscribe option to email recipients. There also needs to be a provision for recipients to request the source of how the sender obtained their personal contact details.
The PPI Act prohibits sending emails without first obtaining consent from the subscriber. Consent can be given through the following methods:
- Obtaining the email address in the context of a sale of a product or service
- Providing the recipient a reasonable opportunity to object or deny to providing consent at the time information is collected or in each email communication
The opt-out requirement under Section 45 of the ECTA does not describe how the opt-out option must be made available.
Violations of the ECT Act will incur a fine of up to 1 million rand or imprisonment for up to 1 year.