As data protection laws continue to develop across Africa, regulators are facing a familiar challenge: how to balance individual privacy with the needs of businesses trying to reach their customers. One issue where this tension is clear is in the area of direct marketing and consent.
Benin has taken a practical approach in its digital law, allowing certain types of marketing messages without prior consent, provided specific conditions are met. Kenya, on the other hand, has rejected this model. A recent ruling by the Office of the Data Protection Commissioner (ODPC) made clear that such marketing practices do not meet the country’s consent requirements.
This contrast is more than a technical disagreement. It highlights the different ways African countries are interpreting what it means to protect data rights in real-world situations.
Soft opt-in is a model that allows companies to send marketing messages to people who have previously bought from them or used their services, even if those people haven’t explicitly signed up for marketing.
To qualify, the following conditions must be met:
This approach assumes that a previous business relationship creates a reasonable expectation that the customer may hear from the company again.
Law No. 2017-20 of 20 April 2018 on the Digital Code in the Republic of Benin sets out clear rules for direct marketing:
This exception is limited in scope but recognises that not all marketing is intrusive or unwelcome, especially when there is a clear relationship between the company and the recipient.