NCC: Consumer Protection Act – Draft guidelines for compliance with Opt-out Registry regulations

---

NCC: Consumer Protection Act – Draft guidelines for compliance with Opt-out Registry regulations

• 27 October 2026
• Negotiating Tax Debt and Payment Arrangements with SARS
• South African Accounting Academy

Summary:

The National Consumer Commission (NCC) has published Draft Guidelines for compliance with Opt-out Registry regulations, as issued under the Consumer Protection Act 68 of 2008.

Article:

It is tied to an application and regulatory framework pushed forward by groups like the National Informal Business Compliance Agency for consumer education and advocacy.

This guideline proposes, amongst others, practical guidance on registration requirements; database cleansing; pre-emptive blocks; and obligations of direct marketers (suppliers, retailers, insurers, financial institutions, telemarketing, call centers, marketing agencies, estate agencies, vehicle dealerships, digital marketers and other direct goods or services promotions to consumers). 

The guideline also contains 3 Annexures:

• Annexure A – Summary of the Legal Framework at a glance
• Annexure B – 19 Frequently Asked Questions
• Annexure C – 5 Legal Questions and the Commission’s Responses

Comments are due by 6 November 2026.

Direct marketers in South Africa must register with the National Consumer Commission (NCC), cleanse their contact databases monthly via the Opt-Out Registry, and respect consumer pre-emptive blocks under the Consumer Protection Act (CPA) Amendment Regulations of 2026.

The 2026 amendment regulations operationalize the Opt-Out Registry and introduce requirements relating to direct marketer registration, renewal, database cleansing, compliance with pre-emptive blocks, identification of direct marketers and prescribed fees.

Regulation 4(7) and Regulation 4(11), together with Annexures N, O and P, are central to the operation of the Opt-Out Registry.

Important notes: 

• Proposes applying to all goods and services that a direct marketer wants to market directly to consumers, irrespective of the industry under which such direct marketer falls - however, the statutory exceptions to application of the Act (such as those contained in the definition of service) should still apply.
• Provides reminders that direct marketing registry obligations apply even when marketing is conducted by a third party on behalf of a direct marketer; and do not apply to omnichannel retail models where consumers initiate contact.
• Provides reminders that a direct marketer remains responsible for compliance even when another person conducts marketing on its behalf; and that robocalls, automated calls and other automated dialing constitute direct marketing when used to promote or offer goods or services.
• Provides examples of ordinary business engagements that do not constitute direct marketing activity, such as responding to a consumer’s enquiry; arranging delivery, collection, installation, inspection or an appointment; or providing information necessary to perform an existing contractual obligation.

Click here to download the 18-page Gazetted Guideline document:

https://www.gov.za/sites/default/files/gcis_document/202610/554657981.pdf 

Relevance to Auditors, Independent Reviewers & Accountants:

• The Consumer Protection Act is yet another piece of legislation that your clients must comply with, and which you must assess compliance with.  If they don’t comply with the relevant laws and regulations, you have certain reporting obligations in terms of NOCLAR (NOn-Compliance with Laws And Regulations) – this could include reporting to management, qualifying your audit opinion, reporting a Reportable Irregularity, etc.
• Direct marketers will have additional requirements that have to be met.
• Everybody who is prone to receiving unsolicited direct marketing calls, can benefit from knowing how to stop it.
• As a consumer, you also need to be aware of any guidelines issued by regulators like the NCC.

Relevance to Your clients:

• Suppliers and consumers have a duty to comply with the Consumer Protection Act, otherwise they could be held liable.
• Direct marketers will have additional requirements that have to be met.
• Everybody who is prone to receiving unsolicited direct marketing calls, can benefit from knowing how to stop it.
• As a consumer, your clients also need to be aware any guidelines issued by regulators like the NCC.

0 COMMENTS

LEAVE A COMMENT