Privacy Map

South Africa. ePrivacy / marketing. Act

ECTAElectronic Communications and Transactions Act 25 of 2002 (ECTA) – section 45 unsolicited commercial communications

Partially in force
Partly verifiedMedium confidence. Status and interaction with POPIA s69 drawn from secondary sources; ECTA text not re-checked on gazette this session.

§1Summary

Synopsis

ECTA is South Africa's e-commerce statute. Section 45 requires senders of unsolicited commercial communications to offer an opt-out and identify the source of the recipient's details, making failure to do so an offence.

Key themes
  • unsolicited commercial communications
  • opt-out
  • e-commerce
  • consumer protection online
Unique features

Opt-out model that now sits beneath POPIA's stricter opt-in rule for electronic direct marketing to non-customers; both must be considered for email/SMS campaigns.

SaaS relevance

Relevant to SaaS products that send marketing email or SMS to South African recipients, or that provide campaign tooling to SA customers.

§2Obligations

Breach notification
None
DPO
No
Cross-border transfers
None
Maximum penalty
Criminal fine or imprisonment up to 12 months

§3Dates

Key dates
  • Adopted
  • In force
  • Original Chapter VIII (s50-51 voluntary data principles) repealed by POPIA; s45 opt-out rule for unsolicited communications largely overtaken by POPIA s69 opt-in for electronic direct marketing

§4Text and authority

Text
Authority
Department of Communications and Digital Technologies; courts (criminal offence)

§5Where it applies

Domestic law of
South Africa

§6Sources and verification

Sources consulted
Verification

Medium confidence.

Partly verifiedMedium confidence. Status and interaction with POPIA s69 drawn from secondary sources; ECTA text not re-checked on gazette this session.