LML4810 OCTOBER NOVEMBER
PORTFOLIO
NAME:
COURSE: Legal Aspects of Electronic Commerce (LML4810)
INSTRUCTOR:
INSTITUTION: University Of South Africa (Unisa)
DATE: DUE 1 November 2024
,... Question 1 Read the following quote from Papadopoulos and answer the
question below: “Unsolicited junk mail and the collection of personal
information for direct marketing is not unique to online consumers, but the
sheer magnitude, invasiveness and variety of these practices brought about
by the advent of computers and the internet, as well as the risks or negative
consequences associated with the digital environment, have solicited
worldwide consumer and data protection responses”… (Sylvia Papadopoulus
‘Are we about to cure the scourge of spam? A commentary on current and
proposed South African legislative intervention’ 2012 (75) THRHR at 224).
Discuss this comment by Papadopoulos by providing an exposition of the
current legal landscape in South African law regarding ‘unsolicited commercial
communications’. Your discussion should include the legislative developments
in South African since 2012, and importantly if in your opinion the current
South African position is in line with Article 28 of the Protocol to the
Agreement Establish the African Continental Free Trade Area on Digital Trade
18 February 2024? [25 marks]
Introduction and Analysis of Papadopoulos’s Comment
In her commentary, Papadopoulos highlights the pervasive nature of unsolicited
communications, often referred to as spam, and the extensive collection of personal data for
direct marketing purposes. She argues that, while these practices aren't unique to online
interactions, the scale, invasiveness, and variety have dramatically increased with digital
technology. The global reach of the internet, coupled with advanced data collection techniques,
has amplified privacy risks, leading to consumer and data protection concerns worldwide. South
Africa, in particular, has experienced these challenges, necessitating robust legal responses to
safeguard consumers in the digital realm.
The Legal Landscape in South Africa Regarding Unsolicited Commercial Communications
In South Africa, the regulation of unsolicited communications and the protection of
personal information are governed primarily by three pieces of legislation: the Protection of
, Personal Information Act (POPIA), the Electronic Communications and Transactions Act
(ECTA), and the Consumer Protection Act (CPA).
1. Protection of Personal Information Act (POPIA):
o Overview: POPIA, which came into full effect on July 1, 2021, serves as South
Africa's principal data protection statute. Its aim is to protect the personal
information of individuals and ensure that entities processing such information do
so responsibly.
o Consent Requirement: POPIA mandates that entities obtain explicit consent
before processing personal data, especially for direct marketing purposes. Section
69 of POPIA explicitly prohibits unsolicited electronic communications unless the
individual has provided consent or is an existing customer who has not opted out.
o Rights of Individuals: POPIA grants individuals the right to know how their data
is used and provides them with mechanisms to lodge complaints if they believe
their data is misused. The law also introduces penalties for violations, making it a
strong deterrent against unauthorized marketing communications.
2. Electronic Communications and Transactions Act (ECTA):
o Overview: Although enacted in 2002, ECTA remains relevant, particularly for
provisions related to unsolicited communications. It requires that unsolicited
commercial communications include a clear opt-out mechanism.
o Protection Measures: While POPIA has superseded ECTA on many fronts,
ECTA’s requirement for clear, visible unsubscribe options is still significant,
reinforcing the importance of respecting consumer choice.
3. Consumer Protection Act (CPA):
PORTFOLIO
NAME:
COURSE: Legal Aspects of Electronic Commerce (LML4810)
INSTRUCTOR:
INSTITUTION: University Of South Africa (Unisa)
DATE: DUE 1 November 2024
,... Question 1 Read the following quote from Papadopoulos and answer the
question below: “Unsolicited junk mail and the collection of personal
information for direct marketing is not unique to online consumers, but the
sheer magnitude, invasiveness and variety of these practices brought about
by the advent of computers and the internet, as well as the risks or negative
consequences associated with the digital environment, have solicited
worldwide consumer and data protection responses”… (Sylvia Papadopoulus
‘Are we about to cure the scourge of spam? A commentary on current and
proposed South African legislative intervention’ 2012 (75) THRHR at 224).
Discuss this comment by Papadopoulos by providing an exposition of the
current legal landscape in South African law regarding ‘unsolicited commercial
communications’. Your discussion should include the legislative developments
in South African since 2012, and importantly if in your opinion the current
South African position is in line with Article 28 of the Protocol to the
Agreement Establish the African Continental Free Trade Area on Digital Trade
18 February 2024? [25 marks]
Introduction and Analysis of Papadopoulos’s Comment
In her commentary, Papadopoulos highlights the pervasive nature of unsolicited
communications, often referred to as spam, and the extensive collection of personal data for
direct marketing purposes. She argues that, while these practices aren't unique to online
interactions, the scale, invasiveness, and variety have dramatically increased with digital
technology. The global reach of the internet, coupled with advanced data collection techniques,
has amplified privacy risks, leading to consumer and data protection concerns worldwide. South
Africa, in particular, has experienced these challenges, necessitating robust legal responses to
safeguard consumers in the digital realm.
The Legal Landscape in South Africa Regarding Unsolicited Commercial Communications
In South Africa, the regulation of unsolicited communications and the protection of
personal information are governed primarily by three pieces of legislation: the Protection of
, Personal Information Act (POPIA), the Electronic Communications and Transactions Act
(ECTA), and the Consumer Protection Act (CPA).
1. Protection of Personal Information Act (POPIA):
o Overview: POPIA, which came into full effect on July 1, 2021, serves as South
Africa's principal data protection statute. Its aim is to protect the personal
information of individuals and ensure that entities processing such information do
so responsibly.
o Consent Requirement: POPIA mandates that entities obtain explicit consent
before processing personal data, especially for direct marketing purposes. Section
69 of POPIA explicitly prohibits unsolicited electronic communications unless the
individual has provided consent or is an existing customer who has not opted out.
o Rights of Individuals: POPIA grants individuals the right to know how their data
is used and provides them with mechanisms to lodge complaints if they believe
their data is misused. The law also introduces penalties for violations, making it a
strong deterrent against unauthorized marketing communications.
2. Electronic Communications and Transactions Act (ECTA):
o Overview: Although enacted in 2002, ECTA remains relevant, particularly for
provisions related to unsolicited communications. It requires that unsolicited
commercial communications include a clear opt-out mechanism.
o Protection Measures: While POPIA has superseded ECTA on many fronts,
ECTA’s requirement for clear, visible unsubscribe options is still significant,
reinforcing the importance of respecting consumer choice.
3. Consumer Protection Act (CPA):
