Data Protection in Senegal

Electronic marketing in Senegal

Data Subjects have the right to object, free of charge, to the processing of their Personal Data for direct marketing.

The sending of marketing communications is forbidden on principle unless the recipient agrees to it. 

Also, there are two exceptions where prior approval is not required: 

  • The recipient’s information was collected directly from him, in accordance with the provisions of the Act.
  • The recipient is already a customer of the company, the marketing messages relate to products or services that are similar to those previously provided, and the recipient is given the possibility of objecting to all messages sent to him. 

(Article 16 of the Act No. 2008-08 of January 25, 2008, on electronic transaction and article 47 of the Act)

Sending marketing communications in breach of applicable restrictions are subject to following sanctions:

  • Seven years’ imprisonment;
  • or an XOF 1 million fine;
  • or both above sanctions. 

(Article 431-20 of the Senegalese Criminal Code)

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