Big spam call changes coming to South Africa

The Department of Trade Industry and Competition (DTIC) has amendments to unwanted directing marketing communication laws in South Africa.

Draft amended Regulations 4 of the Consumer Protection Act (CPA 68 of 2008) have been opened for public comments by the DTIC.

Regulation 4 of the CPA provides mechanisms to block unwanted direct marketing communication.

Minister of Trade, Industry and Competition Parks Tau published the amended Regulations in the Government Gazette on 28 October 2024, giving interested parties forty-five (45) days to submit their comments.

“South African consumers are constantly exposed to intrusive marketing, and this has significantly increased over the years,” said the DTIC.

“With the Opt-Out Registry, direct marketers must be registered and should ensure that when contacting any consumer for direct marketing they do not contact any consumer that has registered a pre-emptive block on the Opt-Out Registry.”

Written comments should be submitted to the DTIC for the attention of Sibusiso Sasayi, Private Bag X 84; Pretoria; 0001; or by email to [email protected].

Webber Wentzel said that the amendments will require direct marketers to implement several modifications to their business practices.

The proposed changes mainly focus on focus on consumer consent, data management and compliance with new administrative requirements.

Webber Wentzel said that the main proposed changes include that:

• Direct marketers must register annually on the opt-out registry, which will be maintained by the National Consumer Commission;

• Direct marketers must ‘cleanse’ their databases monthly by removing any consumer data associated with individuals who have registered a pre-emptive block. This ensures that businesses do not contact consumers who have opted out on the registry;

• All electronic communications must clearly identify the direct marketer, including their name, electronic address, physical address, and contact number;

• Direct marketers will need to develop systems to verify the opt-out status of consumers before initiating any marketing communications; and

• Direct marketers must maintain up-to-date records on the opt-out registry and ensure that their marketing practices reflect current consumer preferences as indicated in the registry.

The proposed regulations are open for public comments until Thursday, 12 December 2024.

The regulations can be found below:

Truecaller

The potential new regulations comes amidst regulator concerns over Truecaller, the identification app that is used by many South Africans to avoid spam callers.

There is controversy over whether Truecaller may violate the Protection of Personal Information Act (POPIA).

Legal experts argue that Truecaller’s methods of collecting and handling data could breach the law. The Information Regulator has not formally investigated the app.

Truecaller, on the other hand, said that its practices are lawful and prioritise user privacy.

The app allows users to identify unknown callers by accessing a global database of phone numbers, but its functionality depends on users granting it access to their contact lists.

This potentially exposes others’ personal information without their knowledge or consent.

However, its functionality depends on users granting access to their contact lists, potentially exposing others’ personal information without their knowledge or consent.

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