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LML4810 Assignment 2, Semester 1

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LML4810 Assignment 2 Semester 1. LML4810 - Legal Aspects Of Electronic Commerce The term ‘direct marketing’ is defined in the Direct Marketing Association of South Africa’s (further referred to as DMASA) Code of Ethics as a means in which an organisation’s products or services may be presented and planned as a set of business practices, in order to create more effective relationships with customers.1 ‘Unsolicited communications’ (also referred to as spam) is defined as unsolicited commercial communications sent to consumers, in section 45 of the Electronic Communications Act 25 of 20022 (further referred to as the ECT Act) 2. DMASA’s is an independently set up body, paid for by companies who engage in direct marketing. DMASA’s role as an industry body is to ensure that its self-regulatory system maintains the standard for the conduct of direct marketing inn South Africa, and correlates with the interest of the public.3 Paragraph 12.6.7 of the DMASA Code of Ethics provides for regulation regarding the privacy, it states that a clear privacy policy is to be displayed on their website in terms of collection, use and disclosure of personal information that could be received from consumers, this is to be clear on every encounter that personal data is being collected. Furthermore it requires that consumers need to be informed of what personal information is being used, disclosed or collected.4

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LML4810
Assignment 2,
Semester 1

, LML 4810 Assignment 2, Semester 1

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QUESTION 1

1. The term ‘direct marketing’ is defined in the Direct Marketing Association of
South Africa’s (further referred to as DMASA) Code of Ethics as a means in
which an organisation’s products or services may be presented and planned
as a set of business practices, in order to create more effective relationships
with customers.1


‘Unsolicited communications’ (also referred to as spam) is defined as
unsolicited commercial communications sent to consumers, in section 45 of
the Electronic Communications Act 25 of 20022 (further referred to as the ECT
Act)


2. DMASA’s is an independently set up body, paid for by companies who engage
in direct marketing. DMASA’s role as an industry body is to ensure that its
self-regulatory system maintains the standard for the conduct of direct
marketing inn South Africa, and correlates with the interest of the public.3
Paragraph 12.6.7 of the DMASA Code of Ethics provides for regulation
regarding the privacy, it states that a clear privacy policy is to be displayed on
their website in terms of collection, use and disclosure of personal information
that could be received from consumers, this is to be clear on every encounter
that personal data is being collected. Furthermore it requires that consumers
need to be informed of what personal information is being used, disclosed or
collected.4
DMASA’s Code of Ethics applies to any direct marketing communication
activities with South Africa, including: consumer marketing, business to
business marketing, non-profit organisations as well as organisations


1 https://www.outprosys.com/energy/downloads/dma.pdf (Date of use: 29 March 2019)
2 Electronic Communications Act 25 of 2002
3 https://www.outprosys.com/energy/downloads/dma.pdf (Date of use: 29 March 2019)
4 https://www.outprosys.com/energy/downloads/dma.pdf (Date of use: 29 March 2019)


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