Cold Calling Laws in South Africa

Which laws cover cold calling in South Africa?

• The Protection of Personal Information Act (POPIA), whose section 69 covers direct marketing by electronic communication. The Information Regulator enforces it.
• The Consumer Protection Act (CPA), which gives people the right to block direct marketing and sets the times for contacting consumers at home. The National Consumer Commission (NCC) enforces it.

POPIA: consent comes first

Section 69 bans direct marketing by any form of electronic communication unless the person has given consent or is already your customer. The Information Regulator's guidance says phone calls count as electronic communication.

You may approach each new contact once, only to ask for consent, as long as they haven't refused before. The consent has to be in the prescribed form (the Regulator's Form 4, or one substantially similar), so the sales pitch waits until they agree.

Your own customers are the exception. You can call them about your own similar products or services if you got their details through a sale, and if they can opt out both when you collect their details and on every call.

Does POPIA apply to B2B cold calls?

Yes. POPIA protects companies as well as people, and section 69 asks for “his, her or its” consent. So the consent rule covers sales calls to businesses, not just to consumers.

Can you cold call on a Sunday in South Africa?

Not to consumers at home. Under the Consumer Protection Act, direct marketing to a consumer at home isn't allowed at these times, unless the consumer has agreed otherwise:

The National Opt-Out Registry

The NCC launched the National Opt-Out Registry on 7 October 2026. Registration for direct marketers opened on 15 September 2026 and runs until December 2026. Marketers then have until April 2027 to clean their lists against it, and from May 2027 people can use the registry to block direct marketing.

The NCC has said that direct marketers still need consent from the people they contact, even if those people aren't on the registry.

Penalties for breaking the rules

The Information Regulator can issue administrative fines of up to R10 million under POPIA. Under the Consumer Protection Act, penalties can reach R1 million or 10% of annual turnover, whichever is greater.

Can you call a lead in South Africa who asked you to?

Allowed with consent, or for customers · Until they object

• Under POPIA section 69, direct marketing needs the person's consent, unless they're your customer. Keep a record of the enquiry or request in which they gave it.
• Customers can be marketed your own similar products if you got their details in a sale and they can object, free of charge, at that time and on every marketing contact.

Source: POPIA section 69 · Information Regulator: Guidance Note on Direct Marketing (PDF) · Do not call exemptions by country

What has changed in South Africa?

• May 2027 (coming up)

  People can start using the National Opt-Out Registry to block direct marketing calls.

• December 2026 (coming up)

  Registration closes for direct marketers on the National Opt-Out Registry. From then, marketers must clean their lists against it.

• 7 October 2026

  The National Consumer Commission launched the National Opt-Out Registry under the Consumer Protection Act. Registration for direct marketers opened on 15 September 2026.