Emailing and calling businesses in South Africa

Can I email businesses from a list in South Africa?

Section 69 of POPIA bans direct marketing by electronic communication, including email and SMS, unless the data subject has consented or is a customer. POPIA defines a person as a natural or juristic person, and section 69 refers to 'his, her or its' consent. The Information Regulator says your first message to a non-customer must ask for consent, and you may ask only once.

Main rules: Protection of Personal Information Act 4 of 2013 (POPIA), section 69. A summary of the official guidance linked below, checked 2026-11-11; not legal advice.

Email

  • Non-customers: get consent first, using Form 4 or a substantially similar form. You may approach a person only once, and only if they have not refused before.
  • Customers: allowed only if you got their details during a sale, you market your own similar products, and they can object when you collect the details and in every message.
  • Every direct marketing message must give the sender's identity and an address or contact details for opt-out requests.
  • Keep a database of people who refused consent or objected.

Phone calls

  • The Information Regulator's guidance note treats telephone calls as electronic communication under section 69.
  • To ask for consent by phone, read out Form 4 and record the call.
  • Not being on the Consumer Protection Act pre-emptive block registry does not remove the need for consent.

Sources

Other countries: outreach rules by country.