South Africa joins global anti-spam initiative

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13 Jul 2016

The National Consumer Commission is a member of the London Action Plan, which is a coalition formed by a number of regulators to combat spam, phishing and online ills. According to a statement, the members of the London Action Plan have concluded a memorandum of understanding (MOU) relating to unsolicited communications. The purpose of the MOU is to record the various regulators’ intention to cooperate in the fight against unlawful spam as well as malicious messages.

At present, spam is regulated on an opt-out basis in South Africa. This means that a marketer can send unsolicited communications, but must allow recipients to opt out from receiving further communications. When the Protection of Personal Information Act (POPI) comes into force, this will change to an opt-in system of regulation. Under such a system, marketers will not be allowed to send unsolicited communications without recipients’ consent unless one of POPI’s specific requirements are met.

The London Action Plan’s MOU might bolster South Africa’s regulation of unsolicited communications. However, it is hoped that the MOU will provide aid in the battle against phishing and fraudulent messages in particular.

(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/s or the relevant provider.)
Danie Strachan

Danie Strachan’s clients range from entrepreneurs and technology start-ups to well-known multi-nationals. He regularly drafts and reviews agreements needed for clients’ operations and to grow their businesses. Danie also assists... Read more about Danie Strachan


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