South Africa Introduces Tougher Laws to Fight Spam Calls and Protect Personal Data

South Africans frustrated by endless spam calls can expect relief as new amendments to the Protection of Personal Information Act (POPIA) come into effect, bringing stricter rules for companies and stronger rights for consumers.

For many, it feels like every other call on their phone is an unsolicited marketing attempt. Advances in technology and rising data breaches have fuelled an explosion in these unwanted calls.

Though POPIA, effective since 2020, was designed to protect consumers from having their personal data traded without consent and to allow opting out , enforcement has been limited, and spam calls have continued unabated.

What’s Changing?

Starting April 2025, regulators beefed up POPIA’s provisions to directly target telemarketing abuses. A key new feature is the Information Regulator’s e-Portal, a mandatory online system for reporting security breaches by both private companies and public bodies.

Legal experts from Cliffe Dekker Hofmeyr, Sadia Rizvi and Simone Dickson, highlight some major changes:

• Consent standards raised: Companies can no longer rely on vague opt-out clauses. They must now implement robust mechanisms to obtain and document explicit consent from consumers for marketing calls.

• Record-keeping is essential: Telemarketers must keep accessible records of all consent, especially when a consumer requests deletion of their data or objects to processing.

• Consumers can object anytime: Previously, consumers could only submit objections through a form; now, they can do so conveniently and free of charge during business hours.

• Correction and deletion rights: Consumers can request updates, deletions, or destruction of their data if it is incorrect, irrelevant, excessive, or unlawfully obtained.

• Broader complaint rights: Anyone acting on behalf of a data subject, or with a vested interest, can lodge complaints with the Information Regulator.

• Fines and penalties: Responsible parties can now negotiate administrative fines with the regulator and may settle payments in installments.

What This Means for Consumers and Companies

Consumers gain more power to stop intrusive telemarketing, with companies required to be far more transparent and accountable. Simply offering an opt-out at the end of a call will no longer meet legal standards.

For businesses, the amendments mean revisiting consent procedures and strengthening data management practices to avoid penalties.

“Organisations must revise their internal processes to ensure consent is explicit and that they can demonstrate compliance at any time,” said Rizvi and Dickson.

South Africa’s crackdown on spam calls reflects a growing global emphasis on data privacy and consumer protection. While the updated POPIA regulations are a step forward, ongoing enforcement will be key to making a real impact on the nuisance of spam calls.

For South Africans, these changes signal better protection of personal information and a long-overdue reduction in unsolicited telemarketing.

{Source: BusinessTech}

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