Eswatini Communications Commission published, on 4 March 2022, the Electronic Communications and Transactions Act No. 3 of 2022. In particular, the Electronic Communications and Transactions Act regulates, among other things, electronic transactions and electronic communications. Moreover, the Electronic Communications and Transactions Act notes that it came into operation on 4 March 2022, on the date of publication in the Gazette.

Furthermore, the Electronic Communications and Transactions Act provides that unsolicited commercial communications may only be sent to addressees where the opt-in requirement is met. Moreover, Electronic Communications and Transactions Act highlights the opt-in requirement shall be considered to have been met where:

• the email address and other personal information of the addressee was collected by the originator of the message in the course of a sale or negotiations for a sale;
• the originator sends promotional messages relating to its similar products and services only to the addressee;
• when the personal information and address was collected by the originator, the originator offered the addressee the opportunity to opt-out free of charge; and
• the oppounity to opt-out is provided by the originator to the addressee with every subsequent message.

You can read the Electronic Communications and Transactions Act here.