{"id":866482,"date":"2026-07-16T15:00:00","date_gmt":"2026-07-16T13:00:00","guid":{"rendered":"https:\/\/businesstech.co.za\/news\/?p=866482"},"modified":"2026-07-16T14:06:14","modified_gmt":"2026-07-16T12:06:14","slug":"warning-over-new-rules-for-spam-calls-in-south-africa","status":"publish","type":"post","link":"https:\/\/businesstech.co.za\/news\/telecommunications\/866482\/warning-over-new-rules-for-spam-calls-in-south-africa\/","title":{"rendered":"Warning over new rules for spam calls in South Africa"},"content":{"rendered":"\n

New regulations on spam calls have been welcomed, but questions remain about how effective they will be at deterring unwarranted direct marketing. <\/p>\n\n\n\n

Minister of Trade, Industry and Competition, Parks Tau, recently introduced significant amendments to the Regulations under the Consumer Protection Act. <\/p>\n\n\n\n

The regulations aim to provide stronger measures to regulate direct marketing practices and improve customer protection. <\/p>\n\n\n\n

The new regulations are similar to those introduced by the government, but major questions remain about their effectiveness.<\/p>\n\n\n\n

Tim Fletcher and Kgatlhiso Mofokeng from Cliffe Dekker Hofmeyr said that all entities engaged in direct marketing will have to register with the National Consumer Commission\u2019s opt\u2011out registry. <\/p>\n\n\n\n

These companies will have to consult the opt-out registry before contacting consumers. The amendments materially raise the compliance threshold for direct marketing in the country.<\/p>\n\n\n\n

Consumers will also benefit from the mechanisms to limit unsolicited communications. The registration for direct markets also needs to be renewed annually and is subject to prescribed fees. <\/p>\n\n\n\n

The experts added that the regulations make it clear that direct marketing may not be conducted at all unless the marketer is duly registered. <\/p>\n\n\n\n

“This gives consumers greater protection: by registering on the opt-out registry, they can proactively block all electronic direct marketing communications,” they said. <\/p>\n\n\n\n

“Once a consumer has registered, direct marketers are prohibited from contacting that individual for marketing purposes.”<\/p>\n\n\n\n

Businesses will also need to perform monthly data cleansing exercises. This will ensure that the contact details of consumers who have exercised a pre-emptive block are removed from marketing databases. <\/p>\n\n\n\n

The regulations also further enhance transparency, with direct marketing communications needing to identify the sender clearly and include accurate and comprehensive contact details. <\/p>\n\n\n\n

The opt-out registry will also need to be maintained with a high level of accuracy, with the regulations requiring that the registry data be kept up to date. <\/p>\n\n\n\n

They also introduce a structured fee framework applicable from 2026, adding a financial dimension to compliance for direct marketers, which includes the following fees: <\/p>\n\n\n\n