How to utterly wreck your relationship with your customers

(and invade their privacy)

Sunday 09 September 12

@pauljacobson*

* Tweet about this talk!
Sunday 09 September 12

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

Mi data es su data, right?

Sunday 09 September 12

“Everyone has the right to privacy ...”

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The Consumer Protection Act and the right to privacy

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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.

Sunday 09 September 12

POPI Shmopi!
Administrative penalties R10 million fines Civil liability Imprisonment Whateva!

Sunday 09 September 12

Well, not quite ...

Sunday 09 September 12

POPI-style protections in the WASPA Code (v12.1)

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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.

Sunday 09 September 12

Sunday 09 September 12

Call, message, email ... 24/7!

Sunday 09 September 12

Of course they want to hear from you!*

*They glanced in your direction, didn’t they? Such teases!
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Well, not really ...

Sunday 09 September 12

Consumers have a right to decide whether you may contact and when you must stop.

Sunday 09 September 12

No direct marketing:
• Sundays and public holidays; • Before 09h00 and after 13h00 on
Saturdays; days

• Between 20h00 and 08h00 on all other

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oh well ...

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Privacy policy? Who reads those anyway?

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No informed consent = privacy violation

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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
rd 3

parties

• Do it properly
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Exercise caution with children

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And if I don’t?

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Sunday 09 September 12

It’s only your reputation ...

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Consumers have various enforcement options

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Social Web

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WASPA Code
• Complaints • Fines • Denial of service by members and network
providers

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National Consumer Commission
• Compliance notices • Fines of R1 000 00 or 10% of annual
turnover

• Imprisonment

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Courts

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Sunday 09 September 12

Thank you!

Visit webtechlaw.com/mobile-show-2012 for related materials

Sunday 09 September 12

Paul Jacobson paul@webtechlaw.com @webtechlaw webtechlaw.com

Sunday 09 September 12

About the photos ... © Paul Jacobson and licensed CC BY-NC-SA 3.0

Sunday 09 September 12

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