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Registry opt-outs override marketing consent: Consumers who register a pre-emptive block must not receive electronic direct marketing, even if they previously consented under POPIA, until the block is removed through the NCC Registry.
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Consumers can choose granular marketing preferences: The Registry supports both blanket opt-outs and tailored blocks by company, industry, communication channel, marketing purpose, or time period.
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Monthly database cleansing is mandatory: Direct marketers must cleanse their marketing databases through the Registry every month before launching campaigns and apply any consumer-specific restrictions.
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Less consumer data will be collected: The NCC will remove unnecessary registration fields and allow consumers to delete their profiles and personal information, aligning the Registry with POPIA’s data minimisation principles.
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Businesses should prepare before enforcement begins: Although no registration or compliance deadline has been announced, the NCC says the Registry will become the official opt-out mechanism for electronic direct marketing, with further implementation guidance to follow.
The Consumer Protection Act Amendment Regulations, 2026 (Amendment Regulations), which came into effect on 15 April 2026, introduced South Africa’s new National Consumer Commission (NCC) opt-out registry (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.
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.
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.
On 24 July 2026, the NCC hosted a stakeholder webinar aimed at addressing concerns raised by industry participants and providing greater clarity on how the Registry is intended to function in practice.
Although some issues remain unresolved and further guidance is expected, the webinar provided valuable insight into the NCC’s current thinking on several key aspects of the Registry and its implementation.
The key clarifications are summarised below.
What did the NCC clarify for the industry?
Registration on the Registry may override marketing consent
One of the key concerns raised by businesses was how the Registry would interact with section 69 of POPIA, which regulates direct marketing by means of electronic communications. In particular, stakeholders wanted clarity on whether registration on the Registry would effectively amount to a consumer withholding or withdrawing their consent to direct marketing.
The NCC emphasised that the Consumer Protection Act, 2008 (CPA) and POPIA regulate different areas of law, with the CPA focused on consumer protection and POPIA focused on the processing of personal information.
Nevertheless, 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.
The NCC also expressed the view that obtaining fresh consent from a consumer after they have registered a block may not, on its own, be sufficient to permit direct marketing. Instead, businesses should ensure that the pre-emptive block has been withdrawn by the consumer through the Registry before any electronic direct marketing communications are sent.
That said, the NCC acknowledged that the CPA does not expressly address circumstances where a consumer provides consent after registering a pre-emptive block.
As a result, the NCC indicated that complaints arising in these circumstances will need to be assessed on a case-by-case basis, taking into account all relevant factors, including whether the consumer expressly consented to receive marketing communications after registering on the Registry.
Based on the NCC’s current guidance, businesses should assume that registration on the Registry takes precedence over existing electronic direct marketing consent.
Where a consumer has registered a pre-emptive block, businesses are required to ensure that the block is withdrawn through the Registry before any electronic direct marketing is undertaken.
Consumer data requirements will be reduced
When the Registry was launched, one of the initial concerns raised by consumers was the amount of personal information required to register on the Registry. In addition to basic contact details, the registration process required consumers to provide information such as their marital status, citizenship, gender and whether they were living or deceased.
This prompted questions about whether the information being collected was necessary for the purposes of the Registry and consistent with POPIA’s data minimisation principles.
The NCC addressed these concerns during the webinar, confirming that personal information collected through the Registry will be processed in accordance with POPIA.
The NCC also indicated that certain mandatory data fields will be removed from the registration process to reduce the amount of information consumers are required to provide.
Importantly, the NCC confirmed that consumers will retain control over their information. Consumers will be able to delete their Registry profile at any time, and their personal information will be removed from the Registry once their profile has been deleted.
The NCC appears to have recognised and responded to concerns about the scope of personal information being collected through the Registry.
While further detail on the Registry’s data protection safeguards would be useful, the NCC has indicated that it intends to align the operation of the Registry with POPIA’s requirements and to limit the personal information collected to what is necessary for its functioning.
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.
A consumer may choose between:
- A general pre-emptive block, which prevents all electronic direct marketing communications; or
- A specific pre-emptive block, which allows the consumer to opt out of direct marketing in respect of one or more of the following: (i) specific direct marketers, (ii) particular industries, (iii) specific marketing purposes or periods, and/or (iv) particular communication channels, such as a phone number or email address.
This means that consumers will be able to tailor their marketing preferences rather than adopt an all-or-nothing approach.
For example, a consumer may choose to continue receiving direct marketing from certain businesses while blocking communications from others, or permit direct marketing by email but not by SMS or telephone. The NCC has also confirmed that consumers will be able to amend or withdraw their preferences at any time through the Registry.
The Registry is thus designed to give consumers greater control over how, when and from whom they receive direct marketing communications. Direct marketers will therefore need to ensure that their systems can accommodate not only broad opt-outs but also more nuanced consumer preferences reflected on the Registry.
Monthly cleansing of marketing databases: How will it work?
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.
The direct marketer will receive a list of the records that must be removed or restricted before any direct marketing campaign is launched. Where a consumer has selected a specific pre-emptive block, the Registry will indicate the particular restrictions that apply.
For example, a consumer may choose to block direct marketing from a specific industry or through a particular communication channel while continuing to receive other direct marketing communications.
The NCC has also confirmed that direct marketers will be required to complete this cleansing exercise every month and, importantly, before conducting any direct marketing campaign.
Core compliance
Once a direct marketer has submitted its records for cleansing, the Registry will generate an invoice for the applicable cleansing fees. Those fees must be paid before the direct marketer can access and download the list of records requiring cleansing. At this stage, there is no limit on the number of records that may be submitted to the Registry for cleansing.
The monthly cleansing process is likely to become a core compliance requirement for businesses that engage in direct marketing.
Organisations should begin assessing whether their direct marketing systems, databases and internal processes are capable of supporting regular cleansing and the implementation of consumer-specific direct marketing preferences.
Registration and cleansing fees: What will it cost?
The introduction of the Registry will also have financial implications for direct marketers. Registration on the Registry will be mandatory and subject to payment of an annual registration fee. In addition, direct marketers will be required to pay a cleansing fee as part of the monthly database cleansing process.
A particular concern for businesses has been the potential cost of the cleansing requirement, especially for organisations with large direct marketing databases. The NCC has, however, clarified that the proposed cleansing fee of ZAR0.12 per record will apply only to records that are required to be cleansed.
For example, if a direct marketer submits a list of 100 consumers and only three individuals have registered a pre-emptive block, the fee will be charged only in respect of those three records that need to be removed or restricted.
Some uncertainty remains regarding how the cleansing fee will ultimately be calculated. It is currently unclear whether the fee will apply per consumer who must be removed from a direct marketing list or per individual data field that requires cleansing, such as an email address or mobile number.
The NCC has indicated that further guidance on this aspect will be provided.
While the NCC has clarified that cleansing fees will apply only to records that require action, the full cost implications of the Registry remain uncertain. Businesses that rely heavily on direct marketing should monitor further guidance from the NCC and begin factoring both compliance costs and operational changes into their marketing strategies.
What happens next?
While the NCC’s webinar has provided welcome clarification on a number of aspects of the Registry, several practical and legal questions remain unanswered. The NCC acknowledged that further work is required and confirmed that additional guidance will follow.
Importantly, 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.
The NCC has nevertheless encouraged both consumers and direct marketers to register on the Registry. It has also made it clear that the Registry will be the only opt-out mechanism recognised for enforcement purposes.
This means that existing private opt-out services, including the Direct Marketing Association of South Africa’s Opt-Out Service, will not be recognised by the NCC when considering consumer complaints relating to direct marketing.
The NCC has further indicated that a formal guidance note will be published to address the remaining uncertainties and practical challenges associated with the implementation of the Registry.
What should direct marketers be doing now?
Although the Registry is still evolving, the direction of travel is clear. The NCC intends the Registry to become the central mechanism through which consumers exercise their right to opt out of direct marketing communications.
Don’t wait for mandatory compliance dates
Businesses should not wait until mandatory compliance dates are announced before assessing the potential impact of the Registry.
Organisations that rely on direct marketing should begin reviewing their consent management processes, direct marketing practices, customer databases and technology systems to determine whether they can accommodate monthly cleansing requirements and more granular consumer preferences.
Businesses should also closely monitor future guidance from the NCC, particularly on outstanding issues such as the calculation of cleansing fees, implementation timelines and the treatment of consent obtained after a consumer has registered a pre-emptive block.
Although a degree of uncertainty remains, one thing is clear: the Registry is set to become a key compliance requirement for businesses that engage in electronic direct marketing and early preparation is likely to place organisations in the strongest position when the new framework becomes fully operational.
Nadine Mather is partner; Savanna Stephens is senior associate; Tanya Chivaura and Bradley Dunbar are associates at Bowmans.
