Business School – Understanding the New Direct Marketing Compliance Requirements

The newly created National Opt-Out Registry (also called the Opt-Out Registry System or OORs) is a central, government-run database in South Africa, where consumers can register a pre-emptive block against unwanted direct marketing communications (phone calls, SMS, emails, etc.). Consumers can block specific marketers or the entire direct marketing industry.

OORs was created under Section 11(3) of the Consumer Protection Act (CPA).

When it was legislated

• The Consumer Protection Act Amendment Regulations, 2026 were published and signed into law by the Minister of Trade, Industry and Competition on 10–15 April 2026.
• The regulations came into effect immediately on 15 April 2026.
• The registry itself is now live and operational (hosted by the National Consumer Commission).

Key timeline

• July 2026 → Registration opens for both consumers and businesses.
• Direct marketers must register on the system and begin cleansing their databases against the registry on a regular (monthly) basis.

Implications for businesses

Mandatory registration: Every business that engages in direct marketing (even occasionally) must register as a “direct marketer” with the National Consumer Commission (NCC).

• Initial registration fee: R2,574 (2026)
• Annual renewal: R1,930.50

Ongoing compliance: Businesses must regularly check (“cleanse”) their marketing databases against the registry and stop contacting anyone who has opted out.Penalties for non-compliance: Fines of up to R1 million or 10% of annual turnover, plus possible prohibition from direct marketing.Interaction with POPIA: The registry does not replace POPIA consent rules. You still need lawful consent under POPIA in many cases — the opt-out registry adds an extra layer of protection for consumers.

Practical Steps for Businesses (Direct Marketers)

1. Register as a Direct Marketer (Mandatory)
   • Registration opens in July 2026.
   • You must register via the NCC portal and pay the initial fee
2. Annual Renewal
   • Renew every year on the anniversary date
3. Monthly Database Cleansing
   • You are legally required to check (“cleanse”) your marketing databases against the Opt-Out Registry at least once every 30 days.
4. Stop Contacting Opted-Out Consumers
   • Once someone registers a pre-emptive block, you may not contact them for direct marketing (phone, SMS, email, etc.).

Penalties for non-compliance: Up to R1 million or 10% of annual turnover.

Who Must Register as a Direct Marketer?

According to the Consumer Protection Act Amendment Regulations 2026, any person or business that engages in direct marketing is legally required to register with the National Consumer Commission (NCC).

Definition of “Direct Marketer”

A Direct Marketer is broadly defined as any entity (company, organisation, or individual) that:

• Promotes or offers to supply goods or services; or
• Requests or solicits information from a consumer; by means of direct marketing (e.g., telephone calls, SMS, email, WhatsApp, social media messaging, etc.).

Key Points from the Regulations:

• It is mandatory — There is no minimum threshold (e.g., number of messages or revenue). Even occasional direct marketing triggers the requirement.
• Registration applies whether you market to existing customers or prospective customers.
• It covers all forms of electronic or telephonic direct marketing.

Who Typically Needs to Register?

• E-commerce companies
• Banks and financial services providers
• Insurance companies
• Telemarketing / call centres
• Marketing agencies
• Retailers running SMS/email campaigns
• Subscription services
• Any business using outbound sales calls or bulk messaging

Important: Even if you believe you have POPIA consent, you still must register as a direct marketer with the NCC.

Business Checklist to Assist in Building Compliance:

Preparation (Now – June 2026)

• Appoint a responsible person (e.g. Marketing Manager or Compliance Officer) to manage the Opt-Out Registry.
• Audit your marketing activities — identify all channels you use for direct marketing (SMS, calls, email, WhatsApp, etc.).
• Review your current customer database and start planning how you will cleanse it monthly.

Registration (July 2026 onwards)

• Register as a Direct Marketer on the National Consumer Commission (NCC) portal.
• Pay the initial registration fee of R2,574.
• Keep proof of registration.

Ongoing Compliance (Monthly)

• Download the latest Opt-Out Registry from the NCC portal at least once every 30 days.
• Cleanse your marketing database — remove or flag all numbers/emails that have opted out.
• Update your internal systems to automatically block opted-out contacts.
• Train your sales & marketing teams on the new rules (especially call centre staff).

Record Keeping & Best Practices

• Keep records of your monthly cleansing activities (for at least 3 years).
• Update your Privacy Policy and Terms to mention the National Opt-Out Registry.
• Only contact consumers who have not opted out and from whom you have lawful consent under POPIA.
• Monitor the NCC website for updates and circulars.

Official Opt-Out Registry Website

• National Consumer Commission (NCC) Opt-Out Registry Consumer Registration Portal: https://eservice.thencc.org.za/Consumer_Opt_Out_Industries/OptOutregistryconsumers
• Main NCC page on the Opt-Out Registry: https://thencc.org.za/ncc-welcomes-regulations-to-curb-spam-calls/

Comparison to the Rest of Africa

Here’s a clear comparison of South Africa’s new National Opt-Out Registry with similar systems in other African countries:

Summary: How South Africa Compares

• South Africa’s system is currently the most advanced and consumer-friendly in Africa.
• It places the heaviest compliance burden on businesses (mandatory registration + monthly database cleansing).
• It goes further than most by allowing consumers to block the entire industry at once.
• Nigeria’s DND is the next most used, but it is fragmented and enforcement is inconsistent.
• Most other African countries still rely on complaint-based systems rather than a proactive central registry.

South Africa’s new registry aligns it more closely with mature systems like the US National Do Not Call Registry or the UK’s TPS, making it one of the strongest consumer protection tools on the continent.