Clarifications issued on South Africa’s new Opt-Out Registry

According to prominent African law firm Bowmans, the Consumer Protection Act Amendment Regulations, 2026, which came into effect on 15 April 2026, introduced South Africa’s new National Consumer Commission Opt-Out Registry. The registry is intended to provide consumers with a centralised mechanism to register a pre-emptive block against unwanted electronic direct marketing communications. 

“While the introduction of the registry was welcomed as a significant development in South Africa’s consumer protection landscape, it also raised several practical and legal uncertainties for businesses that engage in direct marketing,” the law firm says in an article published on its website on 19 August 2026. 

“In particular, uncertainty arose regarding the interaction between the Registry and the Protection of Personal Information Act, 2013 (POPIA), the scope and effect of consumer opt-out preferences, the costs associated with compliance, and the practical operation of the mandatory monthly cleansing process.” 

Bowmans notes that following the amendment regulations coming into effect, the NCC indicated that implementation of the registry would be phased in and that further guidance would be provided on its operation. 

Clarifications for marketers 

After a stakeholder webinar hosted by the NCC in late July 2026, the Bowmans article contains several clarifications for marketers. Among them: 

Registration on the new registry may override previous marketing consent. The NCC’s position is clear: where a consumer has registered a pre-emptive block on the registry, that consumer should not receive electronic direct marketing communications. 

Importantly, the NCC indicated that a consumer’s registration on the registry will be treated as overriding any previous consent to direct marketing. Even where a business has obtained valid marketing consent under POPIA, that consent will effectively fall away once the consumer registers a pre-emptive block on the registry. 

Consumers will have more than one blocking option. The NCC has clarified that consumers will not be limited to a blanket opt-out from all direct marketing communications. Instead, the registry will allow consumers to choose the level of restriction that best suits their preferences. 

Monthly cleansing of marketing databases. One of the most significant operational requirements introduced by the registry is the obligation for direct marketers to regularly ‘cleanse’ their direct marketing databases. 

Direct marketers will be required to submit their direct marketing lists and associated contact details to the registry monthly. The registry will then identify those consumers who have registered a pre-emptive block against receiving direct marketing communications. 

Deadlines for implementation. The NCC has confirmed that there is currently no deadline for direct marketers to register on the registry. The NCC has indicated that it will communicate both the registration deadline and the date from which direct marketers will be required to stop sending electronic direct marketing communications to consumers who have registered a pre-emptive block. 

For more information, read the full Bowmans article here.