LML4810 October/November PORTFOLIO Semester 2 2024 - DUE 1 November 2024 ;100 % TRUSTED workings, Expert Solved, Explanations and Solutions. For assistance call or W.h.a.t.s.a.p.p us on ...(.+.2.5.4.7.7.9.5.4.0.1.3.2)...........
Question 1
Read the following quote from Papadopoulos and answer th...
LML4810
OCT/NOV PORTFOLIO 2024
UNIQUE NO.
DUE DATE: 2024
, LML4810
October/November Portfolio Semester 2 2024
Unique Number:
Due Date: 1 November 2024
Legal Aspects of Electronic Commerce
Question 1
1. Introduction to Unsolicited Commercial Communications in South Africa
The proliferation of unsolicited commercial communications, or "spam," has posed
significant privacy challenges. These communications, often intrusive and invasive,
raise concerns about the extent to which companies can lawfully access and use
personal data for marketing purposes (Papadopoulus, 2012). In South Africa, laws have
gradually evolved to provide consumers with better protection against unsolicited
marketing, particularly as digital marketing expanded with the rise of the internet. This
essay will explore these developments, focusing on the current legal framework,
particularly under the Protection of Personal Information Act (POPIA), and analyze if
this framework aligns with Article 28 of the Protocol to the African Continental Free
Trade Area (AfCFTA) on Digital Trade.
2. Legal Landscape in South Africa on Unsolicited Commercial Communications
Pre-2012 Context
Before comprehensive data protection laws were introduced, unsolicited commercial
communications were addressed primarily through the Electronic Communications and
Transactions Act (ECTA) 25 of 2002. ECTA introduced foundational protections by
requiring entities to give consumers an option to "opt-out" of marketing communications
(Electronic Communications and Transactions Act, 2002). However, the act's provisions
were limited in scope and failed to establish robust consumer protections in the face of
rapidly advancing digital marketing practices.
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