Direct Marketing Redefined: Why Telemarketing Calls Now Require Explicit Opt-In Consent

The Information Regulator has issued its definitive Guidance Note on Direct Marketing, officially closing a long-standing loophole relied upon by telemarketing call centres across South Africa.

Key Compliance Changes You Need to Know

• Phone Calls Classified as Electronic Communication: The Regulator has formally clarified that direct marketing via unsolicited telephone calls constitutes electronic communication under Section 69 of POPIA.
• Mandatory Opt-In Consent (Form 4): Organizations may no longer rely on cold-calling unless prior, explicit written consent has been obtained using Form 4, or the communication meets strict existing customer exceptions under Section 69(3).
• Auditable Consent Registers: Both verbal and digital consent must be logged, timestamped, retrievable, and stored in an auditable register.
• Active Enforcement Precedent: The Information Regulator has already issued formal Enforcement Notices against direct marketing operators for non-compliance.

Need help auditing your direct marketing database, updating your opt-in workflows, or implementing retrievable consent registers? This email address is being protected from spambots. You need JavaScript enabled to view it. for a comprehensive privacy assessment.