Email is one of the few marketing channels you truly own. No algorithm decides who sees your message, and a good list can drive sales for years. But in South Africa, how you build that list matters. The Protection of Personal Information Act, POPIA, sets clear rules for direct marketing by email, SMS and WhatsApp.
Here’s what every online store should know. It’s a practical guide, not legal advice, so check the details with a legal professional for your business.
The basic rule: consent
Under POPIA, you generally need a person’s consent before you send them direct marketing by electronic communication. That means they have to actively agree, for example by ticking an unticked box or signing up for your newsletter.
A pre-ticked box, or an email address copied from somewhere else, doesn’t count.
Existing customers
There is an important exception for your own customers. You can send marketing about your own similar products or services to people who bought from you, as long as:
- you got their contact details in the context of a sale,
- you gave them a chance to opt out when you collected their details, and
- you give them an easy way to opt out in every message.
You may only ask once
If someone isn’t a customer and hasn’t given consent, POPIA allows you to approach them only once to ask for consent. If they don’t agree, you can’t keep asking.
Every message needs a way out
Every marketing email, SMS or WhatsApp message must include your details and a simple way to unsubscribe. Honour unsubscribes quickly, and keep a record of them.
How to build a list the right way
- Give people a reason to join. Early access, a useful guide or a first-order discount works better than “sign up for our newsletter”.
- Use clear wording. Say what you’ll send and how often, next to the sign-up form.
- Leave the box unticked. At checkout, let customers choose to hear from you.
- Confirm sign-ups. A double opt-in, where people confirm by clicking a link, keeps your list clean and gives you proof of consent.
- Keep records. Record when and how each person signed up.
- Never buy lists. It’s risky under POPIA, and bought lists rarely convert anyway.
Make it worth reading
A compliant list is only valuable if people open your emails. Send less and make it better: new products, useful advice and offers that are genuinely good. Welcome new subscribers properly, and follow up on abandoned carts with a helpful reminder. These emails are often the ones that earn the most.
The upside
Consent-based lists are smaller, but the people on them want to hear from you. That means better open rates, more sales per email and fewer complaints. POPIA compliance and good marketing point in the same direction.
Want help building retention that actually drives sales? We help brands grow with email, WhatsApp and loyalty programmes customers are happy to join.
