Consumer Protection & POPI

Misuse of your information for marketing purposes

Misuse of your information for marketing purposes

by | May 28, 2021

We are all harassed by unsolicited phone calls and SMSes from a marketing company that wants to sell a product or service that they think we need in our lives. Normally we catch a glimpse on the True Caller App and it is easy to stop the call, but as with all of us, there is that one call that slips through and you are stuck in a conversation that you cannot get out of. In terms of an article published by Business Insider on 29 April 2019, South Africa is ranked 4th in the world for nuisance...

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Did you know? – It is your obligation to implement appropriate & reasonable safety measures in your company.

Did you know? – It is your obligation to implement appropriate & reasonable safety measures in your company.

by | May 24, 2021

Security measures on integrity and confidentiality of personal information.— (2) In order to give effect to subsection (1), the responsible party must take reasonable measures to— (a) identify all reasonably foreseeable internal and external risks to personal information in its possession or under its control; (b) establish and maintain appropriate safeguards against the risks identified; (c) regularly verify that the safeguards are effectively implemented; and (d) ensure that the safeguards...

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Consumer Protection Compliance With The Motor Industry Ombudsman

Consumer Protection Compliance With The Motor Industry Ombudsman

by | May 19, 2021

The Consumer Protection Act 68 of 2008 does exactly what the same says; it protects the rights of the consumer. In terms of Section 55, a consumer has the right to safe, good quality goods; however, when one looks at Section 56, the consumer has a right to an implied warranty of quality. In short, this section states that within 6 (six) months after the delivery of any goods to a consumer, the consumer may return the goods supplied without penalty and at the supplier’s risk and expense....

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Episode 76: The PAIA Manual In Context With The POPI Act

Episode 76: The PAIA Manual In Context With The POPI Act

by | May 18, 2021

SEESA Consumer Protection and POPI Legal Advisors, Beyers De Wet van der Watt & Frikkie Du Plessis discuss how the Promotion of Access to Information Act (PAIA) and the Protection of Personal Information Act (POPIA) interrelate. They discuss the Businesses' need to compile a PAIA manual and how this manual relates to the POPIA. Click play to listen to our podcast! For more information on requirements and posts by the POPI Act regarding the Information Officer, registration of the...

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Did you know? – Cybercrime is at an all-time high and your business is at risk

Did you know? – Cybercrime is at an all-time high and your business is at risk

by | May 6, 2021

During 2019, the South African Banking Risk Information Centre reported that South Africa had the third-highest number of cybercrime victims worldwide with the country losing an estimated R2.2 billion to cyber-attacks. Cyber-attacks spiked during the COVID-19 Level 5 lockdown as many employees adopted remote working. During 2020, and at the SMME level, cyber threats came largely in the form of phishing. In light of this and the imminent Protection of Personal Information Act 4 of 2013 (POPI),...

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Understanding the Promotion of Access to Information Act (PAIA)

Understanding the Promotion of Access to Information Act (PAIA)

by | May 3, 2021

The purpose of the Promotional of Access to Information Act 2 of 2000 (PAIA) is to give effect to the Constitutional right of access to information held by both private and public bodies. It aims to promote a society in which South African’s can easily access or obtain information to enable them to exercise and protect all their rights. A formal request for information in terms of PAIA is a powerful tool one can use to gain access to the information or records of a private or public body....

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What Happens If Your Business Doesn’t Comply With The POPI ACT?

What Happens If Your Business Doesn’t Comply With The POPI ACT?

by | Apr 29, 2021

The new Protection of Personal Information Act (POPI) is in full swing. What are the consequences if you do not comply with this Act? These are some frequently asked questions. The penalties and fines as stipulated in Section 107 of the POPI Act state that if you do not adhere to, or if you are convicted of an offence in terms of this act, you will be liable, in the case of a contravention of the following Sections: Section 100: Obstruction of Regulator’s;Section 103 (1): Failure to comply...

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Episode 76: The PAIA Manual In Context With The POPI Act

Episode 72: How Can Data Mapping Assist A Business Owner With POPI Compliance?

by | Apr 20, 2021

SEESA Consumer Protection And POPI legal advisors, Marike Brand and Stephanie Christensen discuss how an information officer could use a data mapping tool as an internal measure to ensure that adequate standards exist to comply with the conditions of lawful processing.  They briefly summarise and explain what information should be captured. Click play to listen to our podcast! Should you require further assistance or consumer-related advice, please contact your nearest SEESA office for...

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Popular Apps And Services Reconsidered In Light Of The POPI Act

Popular Apps And Services Reconsidered In Light Of The POPI Act

by | Mar 31, 2021

With the Protection of Personal Information Act 4 of 2013 compliance deadline of the 7th of July 2021 looming around the corner, a lot of attention has been given to the potential risks and effects of this Act when analysing popular applications and services. In this article, we will be looking at online storage services such as iCloud and Google Drive as it relates explicitly to Trans-Border Information Flows in terms of the POPI Act. Google Drive and iCloud: Google Drive is...

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Processing Subject To Prior Authorisation Applications

Processing Subject To Prior Authorisation Applications

by | Mar 29, 2021

The Regulator recent guidance note issued on 11 March 2021 requires all businesses which process certain personal information to submit their applications for prior authorisation on or before 30 June 2021. In this article, we will look at the requirements as stipulated by the Regulator in submitting the applications. Section 57 of the Protection of Personal Information Act (POPIA) states that the business must obtain prior authorisation from the Regulator if the business “plans to— process any...

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