South Africa: Issued Information Regulator Enforcement Notice to Ram Consulting requiring compliance with POPIA personal data processing requirements and cease sending unsolicited direct marketing messages

On 27 February 2024, the Information Regulator issued an enforcement notice to FR Ram Consulting, a training institution, for contravening various sections of the Protection of Personal Information Act (POPIA). The Regulator stated that it received a complaint from a data subject who continued to receive direct marketing messages despite multiple attempts to opt-out. The Regulator found that FR Ram Consulting had failed to adhere to POPIA personal data processing requirements and contravened sections 69.1 and 69.2 by transmitting direct marketing communications through emails without first obtaining the data subject's consent. The Enforcement Notice orders FR Ram Consulting to stop sending unsolicited direct marketing messages and to provide reports to the Regulator regarding compliance with these orders. Non-compliance with an enforcement notice can result in a fine of up to ZAR 10 million or imprisonment for a period not exceeding ten years or both.