Section 11(3) of the Consumer Protection Act 68 of 2008 (“CPA”) empowers the National Consumer Commission (NCC) to establish a registry through which individuals may register a pre-emptive block against direct marketing communications. Complementing this, section 11(6) authorises the Minister to issue regulations governing the operation of such a registry.
The recent amendments to Regulation 4 significantly expand the practical implementation of this framework. The key additions include:
- Direct marketers are required to register on the opt-out registry and pay an initial registration fee of R2,574.00.
- Registration must be renewed annually upon payment of a prescribed renewal fee of R1,930.50.
- Direct marketers must be clearly identifiable on public platforms.
- Direct marketers must ensure that an electronic communication recipient is able to identify the name, electronic address, physical address and contact number of the direct marketer.
- Information contained in the opt-out registry must be kept accurate and up to date.
- Electronic communications originating from unidentified sources may not be distributed.
- Direct marketers must ensure that any form of electronic communication transmitted to the recipient’s device is identifiable by the recipient.
- Direct marketing to consumers who have registered a pre-emptive block is strictly prohibited.
- Direct marketers are required to “cleanse” their databases monthly against the NCC registry to remove consumers who have opted out.
- Any direct marketer who is not registered on the opt-out registry is prohibited from contacting consumers for marketing purposes.
The amended regulations further prescribe safeguards regarding the management of the registry. The NCC is required to use the information collected solely for the administration of the opt-out registry and may not disclose confidential consumer information without consent, except where required by law.
Additionally, the NCC must verify the information submitted by applicants with relevant organs of state before processing registrations. In the event that the registry becomes inaccessible for 24 hours or longer, the NCC must notify the public as soon as reasonably possible.
Consumers wishing to register a pre-emptive block may do so by completing the prescribed form contained in Annexure O of the Regulations. The NCC is further required to publish guidance on its website to assist consumers and direct marketers in using the opt-out registry.
According to a media statement issued by the NCC, the Commission has welcomed these amendments, with implementation scheduled to commence in July 2026. Direct marketers are urged to ensure compliance, as non-compliance may constitute a violation of the CPA and could result in administrative penalties of up to R1,000,000 or 10% of the direct marketers’ annual turnover, whichever is greater.
The NCC’s Acting Commissioner noted that consumers have endured intrusive and unwanted direct marketing for an extended period. These amendments are therefore intended to strengthen consumer protection through a robust mechanism that curbs unwanted communications.
The amendments to the Consumer Protection Act Regulations mark a fundamental shift in South Africa’s direct marketing landscape, introducing a mandatory opt-out registry that empowers consumers to proactively block unwanted marketing communications. For direct marketers, the changes impose substantial compliance obligations, with failure to adhere resulting in significant financial penalties and reputational risk. Accordingly, organisations engaged in direct marketing should take proactive steps to align their practices with the new regulatory framework.
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