Email Marketing in South Africa: How to Stay POPIA-Compliant and Still Get Results

Email remains one of the most cost-effective digital marketing channels for South African businesses. But between the Protection of Personal Information Act (POPIA) and the Consumer Protection Act, many business owners aren’t sure what they are actually allowed to send, and to whom. With the Information Regulator now taking action against unwanted marketing, it’s worth getting this right.

What POPIA Says About Email Marketing in South Africa

Section 69 of POPIA deals with direct marketing by electronic communication, which includes email and SMS. In simple terms, you may not send unsolicited marketing electronically unless the person has given their consent, or they are an existing customer and certain conditions are met.

In December 2024, the Information Regulator published a Guidance Note on Direct Marketing. It stresses that consent must be informed, specific and voluntary, and it makes clear that “electronic” marketing goes beyond email. It also covers things like direct messages on social media and push notifications. The Regulator also issued its first enforcement notice for direct marketing in 2024, after a company kept sending messages to someone who had repeatedly asked to opt out.

Existing Customers vs. New Prospects

POPIA treats these two groups differently:

• Existing customers: You can generally email them about your own similar products or services, provided you obtained their details in the course of a sale, gave them the chance to opt out when you collected their details, and offer an easy opt-out in every message after that.
• Prospects and other contacts: You need their consent before you send marketing. That means no buying email lists, no scraping addresses from websites, and no adding people to your newsletter just because they handed you a business card.

One common misconception is that a person must have registered on the national opt-out register before you have to stop. That isn’t the case. Even if someone hasn’t registered a pre-emptive block, you still need consent to market to them electronically.

A Practical POPIA-Friendly Email Checklist

• Use a clear sign-up form. Add it to your website with an unticked checkbox and plain language that explains what people are signing up for and roughly how often you’ll email them.
• Consider double opt-in. Asking subscribers to confirm their email address isn’t a legal requirement, but it gives you stronger proof of consent and a cleaner, more engaged list.
• Keep records. Note when, where and how each person agreed to hear from you.
• Identify yourself in every email. Include your business name and contact details, along with a simple way to unsubscribe.
• Honour opt-outs promptly. Remove people from your list as soon as they ask, and don’t re-add them later.
• Protect your data. Use a reputable email platform and keep subscriber information secure.

Compliance Is Good for Results, Too

It’s easy to see POPIA as red tape, but a consent-based list is usually a better-performing list. People who chose to hear from you are more likely to open, click and buy, and you’re less likely to be marked as spam, which protects your sender reputation and keeps your emails landing in the inbox.

Once your list is on solid footing, focus on what makes people want to stay subscribed:

• Segment your list so customers, leads and past enquiries each get relevant content.
• Write subject lines that are honest and specific, not clickbait.
• Design for mobile first, since most South Africans read their email on a phone.
• Send consistently, with a clear mix of useful content and offers.

Where to Start

If you already have a mailing list, take an hour to audit it. Ask yourself where each contact came from, whether you can show they consented (or are an existing customer), and whether every email you send has a working unsubscribe link and your contact details. If you find gaps, a friendly re-permission campaign asking people to confirm they want to stay on your list is often the cleanest fix.

You can read the Information Regulator’s guidance on the Information Regulator’s POPIA page. This article is general information and not legal advice, so speak to a legal professional if you’re unsure about your specific situation.

Need help building a compliant email list or designing campaigns that people actually look forward to? Get in touch with 1iDesigns and let’s talk about email marketing that works for your business.