Consumer Protection & POPI

FAQ – Is deregistration from the Employment Equity Public Register compulsory for all companies not submitting anymore?

by | Sep 12, 2021

Deregistering from the Employment Equity Public Register is compulsory for all companies not submitting anymore. This includes but is not limited to the following: Section 197 (Transfer of business) Mergers/acquisitions;  Labour court order;Liquidation/judicial winding; Insolvency;Not deemed a designated employer anymore;Not reporting for tender purposes anymore; To find out how SEESA can help your business visit our website for more: https://www.seesa.co.za/ #TeamSEESA

read more
Episode 91: The Right To Fair, Just And Reasonable Terms And Conditions

Episode 91: The Right To Fair, Just And Reasonable Terms And Conditions

by | Sep 7, 2021

SEESA Consumer Protection and POPI Legal Advisors, Meggan Watson and Sandrisha Govender discuss the right to fair, just and reasonable terms and conditions from the Consumer Protection Act. They focus on what constitutes unfair terms in consumer contracts, the responsibilities of the supplier with regard to these contracts and the remedies a consumer may have against a supplier in terms of the Act. Click play to listen to our podcast! Should you require further assistance or consumer-related...

read more

FAQ – Can a consumer cancel his fix-term agreement before the expiry date?

by | Aug 27, 2021

Any fix-term contract can be cancelled by giving 20 business days’ notice for cancellation. In certain instances, the supplier is also allowed to charge a reasonable cancellation fee or penalty charge. Section 14 allows for the cancellation of a fix-term contract. However, it is essential to note that Section 14 does not apply to a consumer agreement between two juristic persons. So it has to be between a juristic person and a natural person. How are these penalties calculated? Section 14...

read more

An important change took place regarding the PAIA.

by | Aug 26, 2021

The Information Regulator, as of 30 June 2021, took over the function of the Promotion of Access to Information Act (PAIA) from the South African Human Rights Commission (SAHRC). The objectives of PAIA are to promote transparency, accountability, and effective governance on all public and private bodies. An Information Officer of a private body must compile a PAIA manual. This manual aims to facilitate requests for information from private bodies. This manual is to be made available at the...

read more

The Protection Of Personal Information Act (POPIA) – More Than Just Consent

by | Aug 25, 2021

As the Protection of Personal Information Act 4 of 2013 (hereafter referred to as the Act) has become fully operational since 1 July 2021 businesses have tended to be solely focused on receiving consent from people or clients. The question to ask is: “Is consent enough to process personal information?” The simple answer is no, although consent is one of the fundamental requirements in the Act. The Act requires more than just consent. When referring to Section 18 of the Act, certain...

read more

Tired Of Receiving And Having To Sign POPIA Data Processing Agreements?

by | Aug 23, 2021

Many have asked the question, “Do I need to sign these agreements?” Before answering this question, we need to look at the POPI Act and find out under what circumstances personal information can be processed and whether obtaining consent is the only way in which a data subject’s personal information can be processed.  From what has been in circulation recently, it appears that there is a misunderstanding or misinterpretation of the Act and its application. Section 11 of the Protection of...

read more

FAQ – Can POPIA provisions affect disclosure of information in hearings?

by | Aug 22, 2021

POPIA has only entered the business sector with vigour in July 2021. The following view is not to be taken as formal advice from SEESA but merely as a point of interest for possible future law development. Firstly, an employee is allowed to collect a copy of documentary evidence that comes into question. For the employee to collect a copy, Section 13 of POPIA must be considered as Section 13(1) states the collector must have a specific purpose for collecting information. It is unlikely for an...

read more

Did You Know? The Regulator may institute a civil action for damages against a business for a data breach.

by | Aug 19, 2021

The Regulator may institute a civil action for damages against a business for a data breach. Whether or not there is intent or negligence. What is a data breach? A data breach can be explained as the intentional or unintentional release of secure or private confidential information to any unauthorised person. A court issuing any order for damages must also order that such breach published in the gazette. Therefore, it will tarnish the reputation of the business.

read more
Episode 88: Practical Compliance To Consent Requirements In Section 11 Of The POPI Act

Episode 88: Practical Compliance To Consent Requirements In Section 11 Of The POPI Act

by | Aug 10, 2021

It is no secret that businesses were given until the 1st of July 2021 to ensure they become compliant with the POPI Act. Although the highly anticipated deadline date has passed, questions and uncertainty regarding what exactly is expected in terms of the condition around consent remain at the order of the day. In this podcast, SEESA Consumer Protection and POPI Legal Advisors, Elsje-Marie van Zyl and Martin Engelbrecht shed some light on the most frequently asked questions concerning consent...

read more
Episode 91: The Right To Fair, Just And Reasonable Terms And Conditions

Episode 87: POPI In The Workplace – Can A Business Be 100% POPI Compliant?

by | Aug 3, 2021

In this episode, SEESA Provincial Manager, Laurisé du Toit and Multi-Product Legal Advisor, Zan-Mari Kok discuss the different practical elements that need to be in place in a business with regards to the Protection of Personal Information Act (POPIA). They furthermore discuss what it means to have a POPI data breach and the implications thereof. Click here to listen to our podcast! Need assistance with the POPI Act? Contact your nearest SEESA office for assistance, alternatively “SMS” the...

read more

Recent Posts

    Categories