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POPIA Data Protection
An FSP wants to email new product offers to (a) its existing clients, whose details it obtained when selling them policies, and (b) people on a list it bought. Which statement reflects POPIA?
RE5 practice question with a worked answer. This is one of hundreds of FSCA RE5 questions in the RegulatoryExams question bank.
- a) Both are allowed, because email addresses are not personal information.
- b) (b) is allowed if the seller of the list promised that people had agreed.
- c) (a) is allowed with an opt-out; (b) needs the recipients' prior consent.Correct
- d) Both are prohibited, because all direct marketing by email is unlawful.
Why this is the answer
Electronic direct marketing to a person who is not a customer requires that person's consent. An existing customer may be marketed the responsible party's own similar products, provided the details were obtained in a sale and the customer is given the chance to opt out each time. A seller's assurance is not the recipients' consent.
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