Businesses that rely on direct marketing in South Africa now face significantly tougher compliance requirements after new regulations introduced stricter controls on unsolicited marketing communications and higher penalties for violations.
The amendments to the Consumer Protection Act (CPA) Regulations, published by Trade Minister Parks Tau in April 2026, came into effect immediately and strengthen the country’s efforts to protect consumers from unwanted calls, messages and promotional campaigns.
Under the revised framework, businesses that fail to comply with the new rules can be fined up to R1 million or 10% of their annual turnover, whichever amount is greater. Legal experts say the changes represent one of the biggest reforms to South Africa’s direct marketing industry in recent years.
Direct marketers required to register and respect opt-out requests
One of the most significant changes is the introduction of a mandatory national opt-out registry, giving consumers greater control over whether they receive marketing communications.
Consumers can register their details to block unsolicited marketing calls, SMS messages and other promotional contact. Every business conducting direct marketing must register with the National Consumer Commission (NCC) before contacting consumers and must check its customer database against the registry every month.
Companies are required to remove consumers who have opted out before launching marketing campaigns. Businesses that are not registered on the system are prohibited from carrying out direct marketing activities.
The regulations also introduce registration fees for marketers. Businesses must pay an initial registration fee of R2,574, followed by an annual renewal fee currently set at R1,930.50.
To improve transparency, marketers must clearly identify themselves in every communication by providing their company name, contact number, email address and physical business address. Anonymous or unidentified electronic marketing messages are no longer permitted.
The National Consumer Commission is responsible for managing the registry and may use consumer information only for administering the system. Personal information may not be disclosed without consent unless required by law.
Consumer privacy protections continue to expand
The latest CPA amendments build on earlier reforms introduced under the Protection of Personal Information Act (POPIA).
In 2025, South Africa’s Information Regulator introduced stricter consent requirements for direct marketers. Businesses contacting people who are not existing customers must first obtain explicit permission before sending promotional material.
Consent requests must be free of charge and easily accessible through channels such as email, telephone calls, SMS, WhatsApp or automated calling systems.
The revised POPIA regulations also make it clear that providing an opt-out option alone does not amount to consent. Businesses must receive affirmative permission before processing personal information for direct marketing purposes.
According to legal specialists at Wright Rose-Innes Inc, organisations involved in direct marketing should review their compliance programmes to ensure they meet the new legal requirements. Failure to comply could result not only in substantial financial penalties but also reputational damage.
Acting National Consumer Commission Commissioner Hardin Ratshisusu said South African consumers have endured intrusive direct marketing for many years. The updated regulations, he said, are designed to provide stronger safeguards against unwanted communications while giving consumers greater control over how businesses use their personal information.
The combined effect of the CPA and POPIA reforms signals a broader shift towards stricter privacy protection and greater accountability for companies engaged in telemarketing and digital marketing across South Africa.
Source: Government Gazette, National Consumer Commission, Wright Rose-Innes Inc.