presentation – mobile show africa 2012

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.

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Mi data es su data, right?

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“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.

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POPI Shmopi!

Administrative penalties

R10 million fines

Civil liability

Imprisonment

Whateva!

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Well, not quite ...

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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.

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Sunday 09 September 12

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

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Of course they want to hear from you!*

*They glanced in your direction, didn’t they? Such teases!Sunday 09 September 12

Well, not really ...

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Consumers have a right to decide whether you may

contact and when you must stop.

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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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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 3rd 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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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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Thank you!

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

Sunday 09 September 12

Paul Jacobsonpaul@webtechlaw.com

@webtechlawwebtechlaw.com

Sunday 09 September 12

About the photos ...

© Paul Jacobson and licensed CC BY-NC-SA 3.0

Sunday 09 September 12