Opt Out Registry consumers

The South African Constitution Bill of Rights includes the right to privacy, everyone has the right to privacy, which includes the right to have privacy through - unsolicited communications in the marketing of any goods and services.

• The Consumer Protection Act (CPA) establishes National norms and standards relating to consumer protection,

• It further seeks to improve standards of consumer information, prohibit certain unfair marketing and business practices,

• To promote responsible consumer behavior and to promote a consistent legislative and enforcement framework relating to consumer transactions and agreements.

• To protect the rights of consumers

• In terms of Section 11 of the CPA-

“(1) The right of every person to privacy includes the right to-

(a) refuse to accept;

(b) require another person to discontinue; or

(c) in the case of an approach other than in person, to pre-emptively block, any approach or communication to that person, …direct marketing”

• Section 11(3) read with Regulation 4 (3-5) of the CPA enjoins the National Consumer Commission (the NCC) with a responsibility to establish or recognize as authoritative a registry in which any person may register a pre-emptive block.

• The CPA has conferred the right to consumers to restrict unwanted direct marketing through a pre-emptive block or by requesting the marketer to discontinue any approach or communication.

• Sec 12 (2) went further to give the Minister the power to prescribe the times during which direct marketing should not happen:

• Sundays and public holidays (Public Holiday Act, 1994)

• Saturday before 09h00 and after 13h00

• All other days between 20h00 and 08h00 the following day

To ensure that South African enjoys this right, the NCC has established an easy-to-use technology solution known as the Opt-Out Registry System (OORs). The system will allow consumers who have registered pre-emptive blocks with the NCC to block unwanted direct marketing communication aimed at them. This is a registry in which any person in the Republic may register a “pre-emptive block”, either generally or for specific purposes, against any communication that is primarily to direct marketing.

How can one register?

• Consumers need to have a valid email address and their ID number.

• Use your name or names as they appear on your ID book.

• Upon registration, consumers receive an email notification confirming their registration.

• An agent from the NCC will verify the information provided during registration before approving a profile.

• Once activated, the consumer receives another email notification with username and password.

• Consumers can log in and register their pre-emptive block (what is known as Opting-Out).

• Consumers can modify their information as and when there is a need.

• Consumers can amend their pre-emptive block options anytime.

• Every amendment will be effective 30 days from the date on which it was registered.

• Non-South African residents in the republic can register.

• A grace period of 30 days at most will be allowed before their details are updated on the

• Consumers who do not have email addresses can call the NCC’s contact center and have their profiles created.

• Visit the NCC’s url: https://eservice.thencc.org.za for an easy-to-follow process.