The 2025 POPIA regulations amendments have added to South Africa’s data protection landscape. Published under Government Notice No. 6126 and taking effect immediately upon publication, these amendments demonstrate a clear intention by the Information Regulator to bolster enforcement mechanisms, expand access to data subject rights, and modernise the operational interface between data subjects and responsible parties.
TLDR
South Africa’s POPIA regulations just got a major upgrade. Here’s what you need to know:
- Clearer definitions: Now includes terms like complainant, day, and relevant bodies—all to simplify interpretation.
- Multi-channel access: Data subjects can now object or request corrections via WhatsApp, SMS, email, phone, or in person—and it’s all free.
- Telephonic requests count—as long as they’re recorded and made available on request.
- Marketing consent tightened: No more opt-outs disguised as consent. You need explicit, recorded permission before sending unsolicited marketing messages.
- Complaints process expanded: Third parties, public interest actors, and proxies can lodge complaints. The Regulator must assist people, even in languages other than English.
- Fines can be paid in instalments, if justified—more realistic for smaller orgs.
- Your compliance programme needs updating. Yesterday.
- It’s practical. It’s enforceable. It’s happening now.
1. Expanded and clarified definitions
The amendment to Regulation 1 introduces several key definitions, including:
- “Complainant” and “Complaint”: Now clearly aligned with specific sections of POPIA (74, 76, 92), reflecting a more inclusive and systematic approach to recognising legitimate grievances.
- “Day”: Clarified in line with the Interpretation Act for procedural certainty.
- “Office hours”: Specified for both the Regulator and designated bodies.
- “Relevant bodies”: Introduced to support industry-specific codes of conduct, paving the way for sectoral self-regulation under regulatory supervision.
- “Writing”: Explicitly aligned with the ECTA definition, supporting digital documentation and accessibility.
Commentary: These definitional changes signal a move towards operational clarity and inclusivity. They create legal certainty and promote administrative efficiency, particularly for marginalised or digitally excluded populations.
2. Strengthened rights for data subjects
Regulation 2 – Objection to processing
The revised regulation now:
- Expands modes of objection to include digital tools like SMS, WhatsApp, and email.
- Permits telephonic objections, recorded and made accessible on request.
- Requires responsible parties to inform data subjects of their right to object under Section 18(1)(h)(iv).
Impact: This reimagining of procedural access significantly reduces friction for data subjects and obliges responsible parties to proactively facilitate rights.
Regulation 3 – Correction and deletion requests
Notable enhancements include:
- Free submission of Form 2 through multiple modern channels.
- Telephonic requests are now valid, provided they are recorded.
- Mandatory response within 30 days of the request.
Impact: This fosters accountability and responsiveness from responsible parties and ensures compliance timelines are enforceable.
3. Enhanced role and accountability of information officers
Regulation 4 is updated to:
- Emphasise continuous improvement of data protection compliance frameworks.
- Remove outdated references (e.g., Sub-regulation 4(1)(c) and 4(2)).
Impact: This reflects a maturing governance framework where compliance is not static but dynamic and evolving, mirroring global best practice.
4. Marketing and consent modernised
Regulation 6 – Consent for direct marketing
Key changes:
- Consent must be explicit and recorded, especially for automated or telephonic methods.
- Opt-out is not equivalent to consent under Section 69(2).
- Forms of consent expanded to include fax, WhatsApp, email, SMS, and automated calling machines.
Commentary: This closes loopholes in unsolicited marketing and strengthens the consent burden on responsible parties. It provides a clear framework for challenging unlawful marketing practices.
5. Streamlined complaints process
Regulation 7 – Complaints handling
Expanded to include:
- Complaints by interested third parties and public interest actors.
- Assistance to complainants in languages other than English.
- Online and physical access to Form 5.
- A 14-day timeline for designated offices to transmit complaints to the Regulator.
- Detailed requirements for the content and evidence of complaints.
- Confidentiality protections aligned with the Protected Disclosures Act.
Impact: This creates an enabling environment for rights assertion and enhances trust in the Regulator’s processes.
6. Administrative fines and flexibility
New Regulation 13 – Instalment payment of fines
Allows for payment of administrative fines in instalments based on:
- Financial capacity.
- Other compelling circumstances.
Commentary: This introduces proportionality into enforcement. While not weakening deterrence, it supports regulatory fairness and sustainability of smaller entities.
7. Transitional provisions and legal continuity
The regulations confirm that any actions taken under the 2018 regulations will be deemed valid under the new framework where applicable.
Strategic and legal implications
For legal practitioners and DPOs
- There is now a greater emphasis on procedural facilitation and documentation (e.g. keeping consent logs, handling telephonic requests).
- Data protection programmes should be updated to include multi-channel support for objections and corrections.
For responsible parties
- You must proactively inform data subjects of their rights.
- Marketing consents must now follow a more formalised and auditable process.
- Consider training and scripts for call centres to align with telephonic request recording requirements.
For the public sector and civil society
The explicit permission for public interest complaints and the multilingual support framework enhances democratic access to justice.
What’s your next move?
If you’re still waiting for a sign to modernise your compliance approach, this is it. The 2025 POPIA amendments aren’t just tweaks — they’re a line in the sand.
The businesses that act now will build trust, move faster, and sleep better. The ones that don’t? They’ll be caught flat-footed, explaining delays and scrambling to catch up.
So here’s the question:
Will you be the brand that respects rights and builds loyalty — or the one issuing apologies after the fact?
Let’s make your compliance your competitive edge.
| Product | What it helps you do | What you get | Best for | Price |
| Rights Reset Toolkit | Understand what changed in POPIA 2025 and where to start | Explainer video + quick guide + editable templates | Compliance leads, DPOs, CEOs | Free |
| Are you ready to object? | Find out if your team is POPIA-ready in 2 minutes | Online quiz + custom action plan | Anyone in your org | Free |
| 30 Days to Compliance | Build a Regulation 2–compliant objection process in 3 sprints | Implementation guide + SOP templates + objection register | SMEs, schools, HR/legal teams | From R8499 |
| Consent Made Simple | Fix your consent flows (email, web, forms, voice) to meet new rules | Copy templates + audit-ready logs + walkthrough video | Marketers, product teams, legal counsel | From R11,699 |
| Objection Enablement Sprint | Get your systems, scripts, and staff objection-ready in 3 weeks | Done-with-you consulting + toolkit + training | AI scaleups, public sector, health & education | From R48,000 |
| POPIA Officer-in-a-Box | Plug-and-play privacy system for your whole organisation | Editable policies + training decks + compliance templates | Orgs without in-house privacy teams | From R100,000 |
