The DMA are of the opinion that their ongoing interaction with the appropriate authorities is the reason for the delayed implementation of the legislation. They believe that the authorities are open to input and are likely to delay implementation pending this.
Their main issue is around Section 69, where they interpret the requirement for opting in (which is necessary to allow direct marketing) to have to be obtained on a prescribed form in hard copy format (which could be faxed or scanned up and e-mailed), which they see as an unduly onerous barrier.
They are embarking on a project using Deloittes to undertake an investigation locally and international as to the requirements, the practicality of allowing other forms of opting in permission, the possible adverse impact that the legislation in its current form may have on jobs, the economy and the freedom of consumers to access information to inform their buying decisions.
The cost estimate for this is around R2,4 million which they are seeking to raise via additional voluntary contributions.
The money is required within the next few months.
The FIA is probably not in a position to offer financial support for the project. However, we would encourage our members, especially those who are DMA members or who conduct direct marketing from time to time, to contribute to the project, as there is no doubt that the concession that is being sought would greatly help to overcome the additional challenges that POPI would otherwise bring.
Members are welcome to contact Joe Kotzé on joe@fia.org.za or Peter Atkinson on peter@fia.org.za for any queries.
