22/04/2026
The Consumer Protection Act Amendment Regulations
- “Opt Out. Stay Out.”
The Consumer Protection Act No. 68 of 2008 (‘the Act’) provides that every person’s right to privacy includes the right to pre-emptively block any approach or communication if that approach or communication is primarily for the purpose of direct marketing.
The Act further provides that the National Consumers Commission (‘the Commission’) may establish a registry in which any person/consumer may register a pre-emptive block against any communication that is primarily for the purpose of direct marketing.
The Consumer Protection Act Amendment Regulations (‘the Amendment Regulations’), which came into effect on 15 April 2026, now provide much-needed relief and protection for consumers who continue to receive persistent marketing communications despite screaming: “No thank you - I am not interested”.
Prescribed in terms of Section 120(1)(a) read with 11(6) of the Act, the Amendment Regulations introduces the operational framework that realises the consumer’s right to privacy and further regulates the use of direct marketing methods against consumers.
Most notably, paragraph 4 of the Amendment Regulations provides that: -
- A direct marketer must not directly market any goods or services to any consumers who have registered a relevant pre-emptive block;
- A direct marketer must remove from it’s data base, all data of persons who registered a relevant pre-emptive block by cleansing such data monthly with the Commission; and
- A direct marketer must not contact any consumer for the purpose of direct marketing and promoting any goods and services unless such direct marketer has been registered as a direct marketer on the opt-out registry.
In simpler terms, these protections give consumers much stronger control over unwanted marketing. If you’ve said “no” by registering a pre-emptive block, marketers are legally required to respect that. No more calls, messages, or promotions.
These amendments signal a clear regulatory shift for direct marketers. Direct marketers are now required to take deliberate steps to align their practices with the opt-out framework, including regular database ‘cleansing’ and formal registration with the Commission.
Consumers who wish to register a pre-emptive block must complete a prescribed form, which will then be entered into the opt-out registry. Whilst the prescribed form has not yet been issued it is anticipated that the form and the registration process will be introduced by the Commission by July 2026.
The Amendment Regulations mark a significant step toward meaningful consumer privacy. By enforcing stricter obligations on direct marketers and ensuring that opt-out requests are honoured.
Read More in our latest article by:
David Campbell | Director | Commercial Conveyancing
Tel: 031 536 7524 | Email: [email protected]
and
Asibonge Sithole | Associate Designate | Commercial Litigation
Tel: 031 536 7536 | Email: [email protected]
