According to Article 47, in Senegal it is prohibited for anyone to carry out direct marketing using any means of communication in any form whatsoever, of the data for a  staff of a natural person who has not expressed his consent prior to receiving such surveys.¹ It is important to note that Article 47 does not differentiate between the means of marketing but prohibits all direct marketing that lacks prior consent.

Article 16 of the Senegalese Electronic Transactions Law² provides more specific regulations on the marketing of data. The following are prohibited:

• direct marketing by sending a message by means of an automated calling machine, a fax machine or an e-mail using, under whatever form the contact details of a natural person who has not expressed its prior consent to receive direct surveys.
• The exception to this, is if the recipient’s details have been collected directly from in accordance with the provisions of the Law on the Protection of Personal data or on the occasion of a sale or supply of services, the direct marketing concerns similar products or services provided by the same natural or legal person, and if the consignee is offered, expressly and unambiguously, the possibility to oppose, without cost, except those related to the transmission of the refusal and in a simple way, to the use of its coordinates when they are collected and whenever an email from propsection is specifically addressed to said person.
• However, in any case, it is prohibited to issue, for direct marketing purposes, messages via automatic calling machines, faxes and emails, without indicating valid details to which the addressee could usefully forward a request to cease the use of their information for marketing.