Consumer Protection & POPI

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

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

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

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)

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?

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?

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

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

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

Episode 68: Sales Records – What Is It And What Needs To Be On It?

SEESA Consumer Protection Legal Advisors, Remolla Naidoo and Ashlin Naidoo discuss the consumers right to being made aware of what goods are being purchased, the services being rendered, the amounts that make up the final amount and ultimately, being made aware of who the supplier is. Further to this, they ascertain the intention of the legislature for prescribing these requirements. Click play to listen to our podcast! Contact your SEESA Consumer Protection and POPI Legal Advisor to ensure...

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Did You Know? – The anticipated regulations on the registration of the Information Officer were published?

Did You Know? – The anticipated regulations on the registration of the Information Officer were published?

The Information Regulator of South Africa published Draft Regulations on the Registration of the Information Officer in terms of the Protection of Personal Information Act. Therefore, a business must decide as soon as possible who in their business will be the Information Officer to take up his or her duties as per Section 55 & 56 of the Protection of Personal Information Act once registered with the Information Regulator. A business may be charged with an administrative fine, or a person...

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Consent For Processing Personal Information In Terms Of The Protection Of Personal Information Act

Consent For Processing Personal Information In Terms Of The Protection Of Personal Information Act

Consent plays a vital role in the motivation for processing of personal information of a data subject in terms of the Protection of Personal Information Act (hereinafter referred to as the POPI Act). In this article, we will touch on the significance of consent being provided by a data subject when their personal information is being processed: In terms of Section 11 of the POPI Act, the personal information of a data subject may only be processed in minimal circumstances. One of the specific...

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