Download Read More - Mobile Marketing Association South Africa

COMPLIANCE MATRIX
MMA
CATEGORY
MMA
“Notice”
SOUTH AFRICA
Notice is an easily
understandable and
quickly discoverable
description of the
terms and conditions
of a marketing
programme. Notice
should include
information sufficient
to permit a user to
make an informed
decision about
his/her choices on
how that information
is used for that
marketing
programme.
Marketers must
inform the user of a
both the marketers’
identity or products
and services offered
and the key terms
and conditions that
govern an interaction
between the
marketer and the
user’s mobile device.
WASPA
DMMA
Members must not
misrepresent
themselves and
must ensure
Members must
transparency in
have honest and fair
their dealings with
dealings with their
their customers
customers. In
(6.1).
particular, pricing
Members shall
information for
abide by the
services must be
consumer
clearly and
protection
accurately
provisions of the
conveyed to
ECT Act including
customers and
the publication of
potential
specific information
customers.
such as contact
Members must
details. Pricing
make the terms and
information must be
conditions of any of
clearly and
their services
accurately
available to
conveyed to
customers
customers. Ensure
and potential
that all advertising
customers, on
and promotional
request. (4.1)
documentation are
fair and reasonable
and
do not mislead (8).
DMASA
Marketers must not
misrepresent a
product, service or
marketing
programme and
must not mislead by
statement or
manner of
demonstration or
comparison. Audiovisual portrayal
must accurately and
fairly describe the
product or service
offered. Ensure that
the general
impression of the
communication
does not deceive by
omission or
commission.
Marketing
communications
must be executed in
a manner that is
simple and easy to
understand.(9).
CPA
POPI
ECTA
A supplier
offering goods or
Before concluding
services for sale,
an agreement or
for hire or for
transaction, a
Any
exchange by way
supplier must
communication for of an electronic
disclose the
the purpose of
transaction must
following
direct marketing
make the
information to a
must contain
following
consumer, in an
details of the
information
appropriate
identity of the
available to
manner, having
sender or the
consumers….
regard to the
person on whose (list) including a
manner in which
behalf the
sufficient
the supplier and
communication
description of the
consumer
has been sent; as main
communicate in
well as contact
characteristics of
concluding the
details to which
the goods or
transaction…(S33
the recipient may services
). Have regard for
send a request
offered by that
the consumer’s
that such
supplier to enable
right to information
communications
a consumer to
in plain and
cease (S66).
make an informed
understandable
decision on the
language (S22).
proposed
electronic
transaction (S43).
COMPLIANCE MATRIX
MMA
CATEGORY
MMA
“Choice & Consent”
SOUTH AFRICA
Mobile marketers
respect the right of
the user to control
which mobile
messages they
receive. Obtain
consent by means
of an explicit opt-in
from the user by
recognized and
legitimate method.
Implement consent
for each
programme.
Similarly,
implement easy-touse opt-out process
to allow users to
stop receiving
messages. How to
opt-out
explanations must
be provided
frequently.
WASPA
Customers may not
automatically be
subscribed to a
subscription service
without specifically
opting in to that
service (11.2).
Any message
originator must have a facility to allow the
recipient to remove
him/herself from the
a direct marketing
database, so as not
to receive any further
marketing messages.
(5.1).
DMMA
DMASA
Recognizing that a
consumer can optout of receiving
marketing
communications at
any time, marketers
must present
consumers,
including current
customers, an
easy-to-see, easyto-understand and
easy-to execute
opportunity to
decline further
marketing, use of
their name or other
information at least
once every three
years (10.4)
CPA
POPI
ECTA
Any person who
sends unsolicited
The processing of commercial
personal
communications
information of a
to consumers
data subject for
must provide the
the purpose of
consumer with
direct marketing
the option to
by means of
cancel his or her
automatic calling subscription to
machines,
the mailing list
facsimile
(S45).
machines, SMSs You must have
or electronic mail express written
is prohibited
permission for the
unless the data
collection,
subject has given collation,
his, her or its
processing or
consent to the
disclosure of
processing (S66). someone’s
personal
information.(S51).
COMPLIANCE MATRIX
MMA
CATEGORY
MMA
“Customization & Constraint”
SOUTH AFRICA
Ensure that mobile
marketing reflects
broad customer
expectations. User
information
collected should be
used to tailor
marketing to the
appropriate
interests of the
user. Take
reasonable steps to
ensure that user
information is
handled
responsibly,
sensitively and in
compliance with
law. Target and
limit mobile
messages to that
which the users
have requested and
that would provide
value. Value may
be delivered in
product- and
service
enhancements,
reminders,
sweepstakes,
contests,
information,
entertainment or
discounts.
WASPA
Members must have
honest and fair
dealings with their
customers. In
particular, pricing
information for
services must be
clearly and
accurately conveyed
to customers and
potential
Customers (4).
DMMA
DMASA
Communication
with
potential customers
DMMA members
should be factual,
must provide
honest, decent and
relevant and
informative, and
effective digital
should not violate
marketing channels,
any of the laws of
solutions and
the country.
services to the
Collection of
South African
personal
marketplace.
information shall be
Members must not
limited to that which
misrepresent
is necessary,
themselves and
adequate, relevant
ensure
and not excessive
transparency in
(10). Marketers
their dealings with
must promote
their customers. Act
responsible and
fairly, reasonably,
transparent
professionally and
personal
in good faith (6).
information
management
practices (8.1).
CPA
Refer Part E of the
CPA (Sections 29
to 39) re the
consumer’s right
to fair and
responsible
marketing
including General
standards: Bait
marketing;
Negative option
marketing; Direct
marketing;
Catalogue
marketing; Trade
coupons;
Customer loyalty:
Promotional
competitions;
Alternative work
schemes; Referral
selling etc.
POPI
Personal
information may
only be processed
if a data subject
consents to the
processing;
processing is
necessary to carry out actions for the
conclusion or
performance
of a contract to
which the data
subject is party
etc. (S10).
ECTA
COMPLIANCE MATRIX
SOUTH AFRICA
“Security”
MMA
CATEGORY
MMA
WASPA
DMMA
Members must take
reasonable
measures to
Members must
prevent
Mobile marketers
respect the
unauthorised or
must implement
constitutional right of unlawful access to,
reasonable
consumers to
interception of, or
technical,
personal privacy
interference with
administrative and and privacy of
data as contained in
physical procedures communications; and the ECT Act; (6.1).
to protect user
must respect the
Members shall
information
confidentiality of
respect a
collected in
customers' personal customer’s right of
connection with
information and will
privacy and privacy
mobile marketing
not sell or distribute
of communications.
programmes from
such information to
Members shall
unauthorized use,
any other party
make reasonable
alteration,
without the explicit
efforts to ensure
disclosure,
consent of the
that their web
distribution or
customer, except
site is secure and
access.
where required to do that customer’s
so by law (4.2)
private and
personal
information is
secure (7.3).
DMASA
Personal
information shall be
protected by
security safeguards
appropriate to the
sensitivity of the
information and
integrity of personal
information (10).
The DMA Code
refers to the nine
privacy principles in
the Protection of
Personal
Information Bill.
Marketers must
display a privacy
policy on their
website.
CPA
POPI
ECTA
The marketer
(responsible party)
must have due
regard to generally
accepted
information
security practices
and procedures
which may apply,
or professional
rules and
regulations (S18).
Processing of
personal
information by
someone on behalf
of the marketer
must be governed
by a written
contract to
establish
measures to
ensure integrity of
personal
information (S20).
The marketer
(data controller)
may not use a
customer’s
personal
information for
any other
purpose
than the
disclosed
purpose without
express written
permission., and
may not disclose
any of the
personal
information to a
third party unless
required by law;
and must delete
or destroy all
personal
information which
has become
obsolete. (S51).
COMPLIANCE MATRIX
MMA
CATEGORY
MMA
WASPA
“Enforcement & Accountability”
SOUTH AFRICA
The MMA expects
its members to
comply with the
MMA Global Code
of Conduct and has
incorporated the
Code into
applicable MMA
Guidelines as they
apply to mobile
marketers operating
around the world,
including the MMA
Consumer Best
Practices
Guidelines, as
applicable for
certain national
markets. Until such
time as the Code
can be enforced
effectively by a 3rd
party enforcement
organization, mobile
marketers are
expected to use
evaluations of their
own practices to
certify compliance
with the Code.
Any person may
lodge a complaint
against any WASPA
member who, in the
view of the
complainant, has
acted contrary to the
provisions of the
Code of Conduct
(14.1). Some
companies may be
required to comply
with the WASPA
code by virtue of a
contract with one or
more network
operators and/or
WASP. In such
cases, the Code shall
be binding on those
companies (1.6).
DMMA
DMASA
CPA
A person
convicted of an
Responsibility for
offence in terms of
observing the Code the CPA is liable
rests primarily with to a fine or to
DMMA members
the individual
imprisonment. or
shall comply with
companies who
to both a fine and
applicable
sign an
imprisonment
legislation and
acknowledgment of (S111). In addition
judicial decisions
compliance when
to any other order
that impact their
joining DMASA.
that it may make
business. Members
Members agree to under this Act or
shall provide
comply with the
any other law, a
adequate training to
Code and to
court considering
their personnel to
participate in
a matter in terms
comply with the
DMASA's
of this Act may
Code (6).
Complaint
award damages
Resolution
against a supplier
programme.
for collective injury
to all or a class of
consumers (S76).
POPI
A data subject or
the Regulator,
may institute a
civil action for
damages in a
court having
jurisdiction against
a responsible
party for
breach of any
provision of this
Act (S94). A
person convicted
of an offence in
terms of this Act,
is liable to a fine
or imprisonment
(S99).
ECTA
A person
convicted of an
offence in terms
of the ECT is
liable to a fine or
imprisonment
(S89).