Paul was interviewed about aspects of digital marketing law on Ballz Radio today. The interview was part of the business segment and Paul chatted to the team about some consumer protection issues, transparency, terms and conditions and privacy concerns. Fortunately, Ballz Radio publishes the audio and video of the interviews. You can listen to the... Continue Reading →
The Protection of Personal Information Act has particular interest for direct marketers because of the likely substantial impact the legislation will have on consumer-facing initiatives when it goes into effect. POPI has a section that deals specifically with and introduces a consent model designed for direct marketing. It is an interesting model and I'll explain why in this post.
Planning for the Protection of Personal Information Act is not a small endeavour and taking shortcuts to preserve current business models may turn out to be disastrously short-sighted in the year or two ahead. My colleagues may be correct in their approach and their clients may be able to adopt a relatively liberal interpretation of the Protection of Personal Information Act and its implementation. I have a different take on how the Act will apply, especially given its broader role as substance for the Constitutional right to privacy. Going beyond the Act's interpretation and application by the proposed Regulator and Courts, the risk of being too careless with consumers' personal information could have even more dire consequences for brands than legal non-compliance.
Consent, while critical, just scratches the surface of the Protection of Personal Information Bill. There is a lot more to the anticipated Protection of Personal Information Act and, in this post, I'd like to give you an overview of two further important terms used in the Protection of Personal Information Bill, namely "personal information" and "processing".
The Protection of Personal Information Act is going to have a radical impact on the direct marketing industry and a number of direct marketing businesses are going to shut down because they won’t be able to adapt and remain viable, especially if they don’t take action right away. If you don’t have a direct marketing business that is already based on a truly consensual business model (bearing in mind the consent model in the Protection of Personal Information Bill), you simply can’t afford to waste any more time.
Time is running out for private bodies to prepare and publish their Promotion of Access to Information Act manuals. The exemption the Minister of Justice and Constitutional Development granted in August 2005 will expire in just a few weeks, on 31 December 2011. From 1 January 2012, the heads of those private bodies which haven't... Continue Reading →
Google released Google+ Pages for brands publicly last night (South African time) to much excitement on the Web. Google+ has, until now, been reserved for humans posting as themselves and Google has been criticized for not allowing brands to create pages and for insisting that users use their real names and not pseudonyms (Google seems... Continue Reading →
The Consumer Protection Act sparked quite a bit of interest in direct marketing and consumers' rights to opt-out of receiving direct marketing communications. It has also highlighted a tension between direct marketers and consumer orientated initiatives to protect and enhance consumer rights. Some of these initiatives have been undertaken by two industry bodies, the Internet... Continue Reading →