Newsflash | Consumer Protection Act Amendment Regulations, 2026

The Minister of Trade, Industry and Competition has published the Consumer Protection Act Amendment Regulations, 2026 (“2026 Amendments”) in terms of section 120(1)(a) read with section 11(6) of the Consumer Protection Act, 2008 (“CPA”). The Regulations amend the Consumer Protection Act Regulations, 2011 (“2011 Regulations”) and came into effect on 15 April 2026. The amendments principally overhaul Regulation 4, which governs the mechanisms for blocking direct marketing communication. The 2026 Amendments introduce a comprehensive registration and cleansing regime for direct marketers.

The 2026 Amendments are relevant to you if you send any direct marketing communications to consumers.
Key amendments relevant to organisations sending direct marketing communications:

1. New and amended definitions. The 2026 Amendments insert four new defined terms into Regulation 1(2): "cleansing", "direct marketer", "electronic communication recipient" and "pre-emptive block".
2. Restructured direct marketer obligations. The 2011 Regulations required direct marketers to register with the administrator of the registry and annually confirm their details. The 2026 Amendments delete those provisions (old Regulation 4(3)(i)–(k)) and replace them with new subregulations (7)–(11). Direct marketers must now register on the opt-out registry administered by the Commission (new Annexure P) and annually renew that registration. They must ensure recipients can identify the marketer's name, electronic address, physical address and contact number. Critically, a direct marketer may not market to any consumer who has registered a pre-emptive block and must monthly cleanse its database against the Commission's records. No direct marketer may contact a consumer unless it is registered on the opt-out registry.
3. Consumer pre-emptive block. Consumers may register a pre-emptive block by completing the prescribed form (new Annexure O).
4. Fee structure and other amendments. New Annexure N prescribes the fee structure: an initial registration fee of R2574.00, an annual renewal fee of R1930.50, and a cleansing fee of R0.12 per data entry, each escalating over a three-year cycle. The Regulations also substitute a revised complaint form (Annexure E).
   These Regulations significantly expand the regulatory framework for direct marketing under the CPA. Businesses that engage in direct marketing should urgently review their practices to ensure compliance with the new registration, cleansing and pre-emptive block obligations, which are effective immediately. Non-compliance may expose direct marketers to enforcement action by the National Consumer Commission.

Practical Implications

These Regulations significantly expand the regulatory framework for direct marketing under the CPA and took effect immediately on publication (15 April 2026), with no transitional period. Businesses that engage in any form of direct marketing – whether by telephone, email, SMS or other electronic communication – should note the following:

• Immediate registration required. No direct marketer may contact a consumer unless it is registered on the opt-out registry. Businesses should submit the Annexure P registration form and pay the initial ZAR2 574.00 fee (2026 filing fee) without delay.
• Interplay with POPIA: These new obligations operate alongside, and do not replace, businesses' existing obligations under the Protection of Personal Information Act, 2013 (“POPIA”). Businesses must continue to obtain consent for direct marketing as contemplated in section 69 of POPIA, in addition to complying with the new registration, pre-emptive block and cleansing requirements under the 2026 Amendments. Where both statutes apply, they are read together and the provision extending the greater protection to the consumer prevails.
• DMASA registry superseded. Prior to these amendments, the Direct Marketing Association of South Africa (“DMASA”) operated a voluntary opt-out registry on behalf of the Commission, but compliance was limited to DMASA members. The 2026 Amendments replace this voluntary, member-only model with a compulsory, Commission-administered registry that applies to all direct marketers, whether or not they are DMASA members. Businesses that previously relied on DMASA membership as sufficient compliance should note that they must now independently register on the Commission's opt-out registry and comply with the new cleansing and pre-emptive block obligations.
• Ongoing operational obligations. The monthly cleansing requirement is operationally significant: direct marketers must cleanse their entire database against the Commission's records every month and may not market to any consumer who has registered a pre-emptive block. Businesses should factor in the recurring cleansing fee (ZAR0.12 per data entry) and build automated processes to integrate the Commission's cleansing data into their marketing databases.
• Enforcement exposure. Failure to comply with conduct required under the CPA may trigger enforcement by the Commission. The Commission may issue a compliance notice under section 100 requiring the direct marketer to remedy its non-compliance, and failure to comply with such a notice is a criminal offence carrying a fine or imprisonment for up to 12 months, or both. In addition, the National Consumer Tribunal may impose an administrative fine of up to 10% of a respondent's annual turnover, or ZAR1 000 000, whichever is the greater.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.