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POPIA Data Protection
Under POPIA, what is the lawful basis most commonly relied on to send a client direct marketing about new products?
RE5 practice question with a worked answer. This is one of hundreds of FSCA RE5 questions in the RegulatoryExams question bank.
- a) No basis is needed; marketing is always allowed.
- b) A competitor’s consent.
- c) The client’s consent (or another permitted ground), given the restrictions POPIA places on direct marketing.Correct
- d) The FSP’s desire to increase sales is sufficient on its own.
Why this is the answer
POPIA restricts direct marketing and generally requires the data subject's consent (or another permitted ground). The FSP's commercial interest alone is not a lawful basis to process personal information for marketing.
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