Regulatory Changes Enforce Opt Out Registry And New Compliance Standards For Direct Marketers

Unsolicited marketing

The amendments introduce a formal Opt-Out Registry, giving consumers greater control over unsolicited marketing communications and placing new compliance obligations on brands, agencies and data-driven marketers.

Under the updated regulations, the National Consumer Commission (NCC) will administer the registry. All direct marketers will be required to register with the system and regularly update their databases to remove consumers who have opted out—effectively making list cleansing a legal requirement rather than a best practice.

The regulations also introduce registration, renewal and database cleansing fees, adding a cost layer to direct marketing operations.

From a consumer perspective, the registry enables individuals to block unwanted communications either from specific brands or across the entire industry.

Non-compliance

Registration for both marketers and consumers is expected to open in July 2026, with the NCC set to provide further guidance on the process.

Non-compliance carries steep penalties. Companies that fail to adhere to the regulations may face administrative fines of up to R1m or 10% of annual turnover, whichever is greater—raising the stakes for marketers who rely on large, unverified contact lists.

Welcoming the promulgation of the amended Regulations, the NCC’s acting commissioner, Hardin Ratshisusu, said: “For too long, consumers have been exposed to intrusive and unwanted direct marketing communication. The Regulations provide for a robust mechanism to stem unwanted calls to ensure that consumers are protected.”