Unsolicited direct marketing, including spam calls, SMSs, and messaging via digital platforms has become a persistent issue for consumers in South Africa, who are increasingly exposed to high volumes of unwanted communications.
Against this backdrop, on 15 April 2026, the Department of Trade Industry, and Competition (the Department) issued a notice, with immediate effect, amending the Consumer Protection Act Regulations, 2011 (the Regulations). The amendments, published as the Consumer Protection Act Amendment Regulations, 2026 (the Amendment Regulations), expand the opt-out provisions by introducing: (i) new definitions for a "direct marketer", "electronic communication recipient", and "pre-emptive block"; and (ii) reciprocal duties on both consumers and direct marketers with respect to direct marketing.
The Amendment Regulations give practical effect to section 11 of the Consumer Protection Act 68 of 2008 (the CPA), which affords consumers the right to restrict unwanted direct marketing, including through a pre-emptive block.
Prior to the amendments, consumers who did not wish to receive direct marketing communications were generally required to opt out on a case-by-case basis, typically by notifying the relevant direct marketer (for example, by replying "STOP" to marketing communications). There was no centralised mechanism to give effect to a pre-emptive block across multiple marketers. Certain sector-specific or informal mechanisms (such as notices on post boxes) have historically also been used, but these were neither standardised nor consistently effective.
The Department has now replaced this position with the creation of an opt-out registry, established by the National Consumer Commission (the NCC). The Amendment Regulations allow consumers to register a pre-emptive block on the opt-out registry and prevent any unwanted communication from direct marketers. Once consumers register for a pre-emptive block with the NCC, they have a duty to ensure that the information submitted for the purposes of the registry is accurate and kept up to date.
Businesses that conduct direct marketing must register with the NCC, failing which they may not contact any consumer for direct marketing purposes. Registered businesses are required to pay a registration fee of ZAR 2,574 (in 2026) and an annual fee of ZAR 1,930.50 (in 2026), payable on or before the anniversary date of registration. Further, businesses must "cleanse" their own databases against the NCC's registry on a monthly basis by removing the data of persons who have registered a pre-emptive block monthly, at a fee of ZAR 0.12 per entry. This is intended to ensure that consumers who have registered a pre-emptive block are not contacted for direct marketing purposes.
The Amendment Regulations also impose further obligations on direct marketers when communicating with consumers, aimed at preventing anonymous or non-identifiable communications. These obligations include ensuring that all communications clearly identify the name, electronic and physical address, and contact number of the direct marketer; that the direct marketer remains identifiable on all public platforms; and that any electronic communication sent to the consumer is clearly identifiable as originating from the direct marketer.
Therefore, businesses that intend to conduct or continue with direct marketing practices must ensure compliance with the new regulatory framework, including registration with the NCC, ongoing (at least monthly) database cleansing against the opt-out registry, payment of applicable fees, and adherence to enhanced identification and transparency requirements when communicating with consumers. Non-compliance may result in enforcement action by the NCC, including referral to the National Consumer Tribunal and the imposition of administrative fines.
The Amendment Regulations do not prohibit direct marketing altogether but regulate how and to who such marketing may be directed.
These developments must also be considered alongside the Protection of Personal Information Act 4 of 2013 (POPIA). In particular, section 69 of POPIA regulates electronic direct marketing and generally requires prior consent from the data subject, unless the limited "existing customer" exception applies (where contact details were obtained in the context of a sale, the marketing relates to similar products or services, and the data subject was given an opportunity to opt out at the time of collection and with subsequent communication). Compliance with the CPA regime does not remove a business's obligation to comply with POPIA; the requirements under both frameworks must be satisfied.
While the Amendment Regulations are in force with immediate effect, certain practical aspects, including the operation and accessibility of the opt-out registry, are expected to be clarified by the NCC. Given the immediate commencement of the amendments, businesses should take urgent steps to confirm compliance with these requirements before continuing any direct marketing activities.
