The document discusses ways that companies can wreck their relationship with customers and invade their privacy, such as by contacting them at all hours without consent, not having or properly implementing a privacy policy, and not respecting rules around direct marketing. However, it notes that these practices would be unwise and in many cases illegal due to laws like POPI that give consumers privacy rights and allow for penalties against companies that violate those rights, such as large fines or imprisonment. The talk serves as a warning to companies to properly respect customer privacy.

1. How to utterly wreck
your relationship with
your customers
(and invade their privacy)
Sunday 09 September 12

2. @pauljacobson*
* Tweet about this talk!
Sunday 09 September 12

3. Disclaimer:
Don’t try this for real, kids!*
Some of this stuff is parody! Don’t actually do this stuff – that would be bad.
Sunday 09 September 12

4. Mi data es su data,
right?
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5. “Everyone has the right to privacy ...”
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6. The Consumer Protection
Act and the right to privacy
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7. 11. (1) The right of every person to privacy includes the
right to—
(a) refuse to accept;
(b) require another person to discontinue; or
(c) in the case of an approach other than in person, to
pre-emptively block, any approach or
communication to that person, if the approach or
communication is primarily for the purpose of direct
marketing.
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8. POPI Shmopi!
Administrative penalties
R10 million fines
Civil liability
Imprisonment
Whateva!
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9. Well, not quite ...
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10. POPI-style protections in
the WASPA Code (v12.1)
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11. A "commercial message" is a message sent by SMS or
MMS or similar protocol for commercial purposes. (See
also "direct marketing message" below.)
A "direct marketing message" is a commercial message
sent by SMS or MMS or similar protocol that is designed
to promote the sale or demand of goods or services
whether or not it invites or solicits a response from a
recipient.
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12. Sunday 09 September 12

13. Call, message, email ...
24/7!
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14. Of course they want to hear from you!*
*They glanced in your direction, didn’t they? Such teases!
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15. Well, not really ...
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16. Consumers
have a right
to decide
whether
you may
contact and
when you
must stop.
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17. No direct marketing:
• Sundays and public holidays;
• Before 09h00 and after 13h00 on
Saturdays;
• Between 20h00 and 08h00 on all other
days
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18. oh well ...
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19. Privacy policy?
Who reads those anyway?
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20. No informed consent
= privacy violation
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21. Privacy policy tips
• Plain language
• Describe personal information collected
• Explain what the personal information will
be used for
• Explain when personal information will be
disclosed to 3rd parties
• Do it properly
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22. Exercise caution with children
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23. And if I don’t?
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24. Sunday 09 September 12

25. It’s only your reputation ...
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26. Consumers have various
enforcement options
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27. Social Web
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28. WASPA Code
• Complaints
• Fines
• Denial of service by members and network
providers
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29. National Consumer
Commission
• Compliance notices
• Fines of R1 000 00 or 10% of annual
turnover
• Imprisonment
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30. Courts
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31. Sunday 09 September 12

32. Thank you!
Visit webtechlaw.com/mobile-show-2012 for
related materials
Sunday 09 September 12

33. Paul Jacobson
paul@webtechlaw.com
@webtechlaw
webtechlaw.com
Sunday 09 September 12

34. About the photos ...
© Paul Jacobson and licensed
CC BY-NC-SA 3.0
Sunday 09 September 12