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through a sufficiently detailed privacy policy.
Section 69(2)(b) requires that a responsible party obtain your consent in the
manner and form prescribed by the POPIA Regulations. An example of such a
consent document can be found in the Regulations. Such a consent document
should, among other things, draw your attention to the provisions of section
69 of POPIA, indicate what the terms ‘processing’ and ‘personal information’
mean in terms of POPIA, stipulate that your consent is obtained in relation to the
goods and/or services specified in the document, as well as stipulate that your
consent is obtained in respect of each means of electronic communication the
responsible party intends to use for direct marketing. Commercial

In the event that you do not give express consent through a policy or consent
document, but you are a customer of the responsible party, your consent
could be implied by virtue of you being a customer and therefore interested in
learning more about the responsible party’s products and/or services. However,
the responsible party may only use your personal information for marketing
purposes (1) where the responsible party obtained your personal information
in the context of a sale of a product and/or rendering of a service, (2) for the
purpose of direct marketing of the responsible party’s own similar products
and/or services and (3) where you have been given a reasonable opportunity
to object (free of charge and without unnecessary formalities) to receiving such
marketing.

Accordingly, in your situation it could be argued that the store would be allowed
to use direct marketing if you are a customer but that they must afford you the
opportunity to reject any type of direct marketing, typically through an “opt-out”
opportunity if you no longer wish to receive direct marketing messages from
them.

Proposed amendments to the Companies Act

October 2018

“Over the past few years I’ve come to understand what the Companies Act 71
of 2008 requires of me to manage my business legally and effectively. With talk
of more amendments on the way, what should I be preparing for?”
The Companies Act 71 of 2008 has, for the past seven years, been functioning
without any major amendment thereto. In September 2018 however an
amendment Bill has been published for public comment. Some of the proposed
changes are certainly welcome with certain existing laborious practices slated
for simplification and certain processes clarified.

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