The 2026 National Consumer Commission opt-out registry
On 15 April 2026, the Minister of Trade, Industry and Competition, Mpho Parks Tau, published the Consumer Protection Act Amendment Regulations, 2026. These regulations came into effect immediately. Simultaneously, a new National Opt-Out Registry was established under the National Consumer Commission (NCC), and the registry is already operational, both direct marketers and consumers can register immediately via the Opt-Out Registry site (eservice.thencc.org.za). The registry's primary purpose is to allow any person to register a pre-emptive block against unwanted electronic communication that is primarily for the purpose of direct marketing.
For Financial Services Providers (FSPs) who actively engage in direct marketing, this is a critical regulatory shift.
Are you a “Direct Marketer”?
Why FSPs must look beyond the FAIS definition
Before assuming these obligations are someone else’s problem, it is worth pausing on a definitional trap that catches many FSPs. The phrase “direct marketing” carries a different meaning under the FAIS regime than it does under the Consumer Protection Act (CPA) and it is the CPA definition, not the FAIS one, that triggers the new Opt-Out Registry obligations.
Under the FAIS General Code of Conduct, “direct marketing” is defined narrowly as the rendering of financial services by way of telephone, internet, digital application platform, media insert, direct or electronic mail and it expressly excludes the publication of an advertisement. For FAIS purposes, in other words, “direct marketing” describes a channel through which an actual financial service (advice or intermediary services) is rendered to a client. A general promotional message that does not render a financial service is treated as an “advertisement”, not as direct marketing.
The CPA casts a far wider net. It defines “direct marketing” as approaching a person, in person or by mail or electronic communication, for the direct or indirect purpose of promoting or offering to supply, in the ordinary course of business, any goods or services. There is no carve-out for advertisements and no requirement that a financial service actually be rendered. On this wording, an ordinary outbound sales call, a cold call, a marketing SMS or a prospecting email all qualify as direct marketing, even where that same activity would be classified as mere “advertising” under FAIS.
This is exactly where FSPs get caught. The 2026 Amendment Regulations and the NCC Opt-Out Registry operate on the CPA’s broad definition: a “direct marketer” is simply any person who engages in direct marketing, regardless of channel. The result is that an FSP may genuinely not be a “direct marketer” in the narrow FAIS sense, yet still fall squarely within the CPA definition and within the registration, monthly cleansing and opt-out obligations that flow from it.
The takeaway is to resist labelling your outbound activity as “just advertising” and concluding that the registry rules do not apply. Any activity that promotes or offers your products or services to a consumer by telephone, SMS, email or similar electronic means should be tested against the CPA definition first. If it falls within that wider net, as most outbound prospecting does, the Opt-Out Registry obligations apply, whatever label the activity carries under FAIS.
The "New Normal" for Direct Marketing
The Amendment Regulations introduce several strict obligations for anyone defined as a 'direct marketer'. If your FSP drives business through outbound communication, here are the key operational changes:
Mandatory registration: A direct marketer must register as a direct marketer with the NCC via the Opt-Out Registry site. You may not contact any consumer for the purpose of direct marketing unless you have been registered on the Opt-Out registry.
Registration fees and annual renewal: Registration is not a once-off step. The prescribed registration fee starts at R2 574 for 2026, and registration must be renewed annually, with the renewal fee starting at R1 930.50 for 2026. These tariffs are to be published on a three-year cycle.
Monthly "cleansing": The regulations introduce a new definition for 'cleansing', which requires a direct marketer to remove from its database all consumers who have opted out. Direct marketers must cleanse their database monthly on the Opt-Out Registry.
Broad electronic scope: The pre-emptive block applies to electronic communication, which is broadly defined to include telephone, fax, SMS, wireless computer access, and email.
Strict transparency: You must ensure that any form of electronic communication transmitted to a consumer's device is identifiable by the consumer.
CPA vs POPIA
While these CPA amendments are dominating the headlines, FSPs must evaluate them against the background and requirements of POPIA.
Under section 69 of POPIA, you may generally approach a data subject only once to request consent for direct marketing by means of electronic communication, provided they have not previously withheld such consent. The Amendment Regulations and POPIA must be read together. FSPs must ensure compliance with the requirements under section 69 of POPIA as well as refrain from directly marketing any goods or services to any consumer who has registered a relevant pre-emptive block with the NCC.
What this means for you
Relying solely on internal POPIA consent records is no longer sufficient. Any failure by a direct marketer to register with the NCC will prevent a direct marketer from contacting any consumer for the purpose of direct marketing and/or promoting any goods and services by way of electronic communication.
The stakes are real: non-compliance with the Opt-Out Registry requirements constitutes a violation of the CPA and may result in administrative penalties of up to R1 million or 10% of the direct marketer's annual turnover, whichever is greater.
Furthermore, buying or acquiring third-party lead lists carries significantly more risk if your FSP does not have systems in place to cross-reference those lists against the NCC Opt-Out Registry on a monthly basis.
