Draft Compliance Guidelines Issued for CPA Opt-Out Registry

Posted 02 October 2026 Written by Acts Online
Category Trade

Brought to you by SA Legal Academy: The National Consumer Commission has published draft guidelines regarding compliance with the opt-out registry regulations under the Consumer Protection Act, No. 68 of 2008.

In terms of section 11 of the Consumer Protection Act, No. 68 of 2008 (CPA), read with the applicable direct marketing regulations, direct marketers are prohibited from directing unsolicited marketing communications to consumers who have registered a pre-emptive block. The draft guidelines provide operational directives on how businesses must comply with the opt-out registry regime.

The guidelines follow amendments promulgated in April 2026 to the 2011 opt-out registry regulations, which operationalised the central register. Interested and affected parties have until 17 October 2026 to submit written comments and representations on the draft guidelines to the Commission.

Key focus areas addressed in the regulatory guidelines include:

  • Procedures for direct marketers to register with and access the central opt-out registry;
  • Mandatory scrubbing protocols requiring direct marketing databases to be cleared against the opt-out registry prior to dispatching communications;
  • Rules governing records retention and proof of compliance regarding consumer opt-out instructions; and
  • Enforcement mechanisms and penalties applicable under the CPA for non-compliance.

What this means for you, your business, or your clients

  • For yourself: Note the enhanced framework governing your statutory right to register pre-emptive blocks against unsolicited direct marketing telecommunications and electronic mail.
  • For your business: Audit your direct marketing processes, database management software, and scrubbing procedures to prepare for alignment with the operationalized opt-out registry requirements.
  • For your clients: Advise commercial clients conducting direct marketing campaigns to review the draft guidelines and submit comments to the National Consumer Commission ahead of the 17 October 2026 deadline.

Originally published at https://legalacademy.co.za/news/read/consumer-protection-commission-input-sought-on-opt-out-regulatory-guidelines

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