# Cold Calling Laws in South Africa (2026): POPIA and CPA

Mostly only with consent. The Information Regulator treats phone calls as electronic communication under section 69 of POPIA, so a sales call to anyone who isn't already your customer needs their consent first, and that includes businesses. You may contact a new person once, only to ask for consent. The Consumer Protection Act adds calling hours and a national Opt-Out Registry.

Reviewed October 2026. A plain summary for business-to-business calls, not legal advice.

| Rule | Summary |
|---|---|
| B2B cold calls | Need consent first. POPIA protects companies too |
| Your own customers | Allowed for your own similar products or services, with an opt-out |
| New contacts | One approach, only to ask for consent |
| Calling hours (consumers at home) | Weekdays 8am to 8pm, Saturdays 9am to 1pm, no Sundays or public holidays |
| Opt-Out Registry | Launched October 2026. Blocking starts May 2027 |
| Maximum fines | R10 million under POPIA. R1 million or 10% of turnover under the CPA |
| Regulators | Information Regulator (POPIA) and National Consumer Commission (CPA) |

## 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:

| Day | Direct marketing allowed |
|---|---|
| Monday to Friday | 8am to 8pm |
| Saturday | 9am to 1pm |
| Sundays and public holidays | Not allowed |

## 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 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.

Sources: [POPIA section 69](https://popia.co.za/section-69-direct-marketing-by-means-of-unsolicited-electronic-communications/), [Information Regulator: Guidance Note on Direct Marketing (PDF)](https://inforegulator.org.za/wp-content/uploads/2020/07/GUIDANCE-NOTE-ON-DIRECT-MARKETING-IN-TERMS-OF-THE-PROTECTION-OF-PERSONAL-INFORMATION-ACT-4-OF-2013-POPIA.pdf)

## What has changed

- 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.

## FAQs

### Is cold calling illegal in South Africa?

Not entirely, but it's tightly limited. Under POPIA, a sales call needs consent unless the person is already your customer, and you may approach a new contact once, only to ask for that consent.

### Is cold calling on a Sunday illegal in South Africa?

For direct marketing to consumers at home, yes. The Consumer Protection Act bans it on Sundays and public holidays, on Saturdays outside 9am to 1pm, and on other days outside 8am to 8pm, unless the consumer agreed otherwise.

### Does POPIA apply to B2B calls?

Yes. POPIA protects companies as well as people, so the consent rule in section 69 covers sales calls to businesses too.

### What is the National Opt-Out Registry?

A register run by the National Consumer Commission, launched on 7 October 2026, where people can block direct marketing. Direct marketers must register by December 2026, and people can start blocking from May 2027.

### Can I call my existing customers?

Yes, about your own similar products or services, if you got their details through a sale and they can opt out when you collect their details and on every call.

## Sources

- [Information Regulator: Guidance Note on Direct Marketing (PDF)](https://inforegulator.org.za/wp-content/uploads/2020/07/GUIDANCE-NOTE-ON-DIRECT-MARKETING-IN-TERMS-OF-THE-PROTECTION-OF-PERSONAL-INFORMATION-ACT-4-OF-2013-POPIA.pdf)
- [Consumer Protection Act: prohibited times for contacting consumers](https://www.acts.co.za/consumer-protection/r293_prohibited_time_for_contacting_consumers.php)
- [Polity: NCC launches national opt-out registry](https://www.polity.org.za/article/ncc-launches-national-opt-out-registry-to-address-unwanted-direct-marketing-2026-10-07)
- [POPIA section 109: administrative fines](https://popia.co.za/section-109-administrative-fines/)

Page: https://switchstack.io/cold-calling-laws/south-africa
Cold calling services in this market: https://switchstack.io/cold-calling-services/south-africa