Consumer Protection & POPI

Processing Limitations Placed On Certain Information In Terms Of The POPIA

Processing Limitations Placed On Certain Information In Terms Of The POPIA

Are you aware that you might be prohibited to process certain information of data subjects in terms of the Protection of Personal Information Act? On the 1st of July 2020, the Protection of Personal Information Act came into effect. With this a 12 months’ grace period was given to all businesses to get their businesses compliant with the above-mentioned act, thereafter no further excuses will be tolerated. As the Protection of Personal Information Act is a scary, however necessary legislation...

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The POPI Act has commenced, is your business ready?

The POPI Act has commenced, is your business ready?

On the 1st of July 2020, some further sections of the POPI Act (Protection of Personal Information Act No. 4 of 2013) came into operation. The practical implication for businesses is that they should be compliant with these further sections by 30 June 2021. To find out how SEESA can help your business visit our website for more: https://bit.ly/2GXk0my "SMS" the word "SEESA" to 45776 with your query and a professional Legal Advisor will contact you! #TeamSEESA

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Episode 52: Warnings And The Repercussions For Non-disclosure In Terms Of The Consumer Protection Act

Episode 52: Warnings And The Repercussions For Non-disclosure In Terms Of The Consumer Protection Act

SEESA Consumer Protection Legal Advisors, Jano Fourie and Mariam Allie discuss the legal requirements relating to the disclosure of material information by a supplier. They further address the possible consequences faced by the supplier resulting from the failure to adequately instruct or warn consumers, as well as the remedies available in terms of the Consumer Protection Act. Click play to listen to our podcast! Should you require further assistance or consumer-related advice, please contact...

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The Consumer’s Flexibility Towards Fixed Term Contracts

The Consumer’s Flexibility Towards Fixed Term Contracts

With the South African Government trying to combat the spread of COVID-19, fitness centres (and similar businesses) were forced to keep their doors shut.  During the pandemic, most consumers were able to save on gym membership fees that were not subtracted from the consumer’s account and have even considered cancelling their subscription/membership due to factors such as job losses, salary deductions or merely because the service or membership has become redundant. Section 14 of the...

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Incidental Consumer Credit Agreements Could Place Your Company At Risk

Incidental Consumer Credit Agreements Could Place Your Company At Risk

The Consumer Protection Act[1] (hereinafter referred to as the “CPA”) aims not only to promote a fair, accessible and sustainable marketplace for consumer products and services in order to establish norms and standards for consumer protection but also to promote a consistent legislative and enforcement framework relating to consumer transactions and agreements. Incidental consumer credit agreements are examples of such consumer transactions and agreements by which the CPA aims to provide...

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Can The Usage Of A vehicle be deducted from the refund?

Can The Usage Of A vehicle be deducted from the refund?

It would be a common cause to deduct usage of a vehicle from the refund, but what happens when you are confronted with two sections that elaborate two different approaches? In Section 20(6) of the Consumer Protection Act 68 of 2008, it is clear that as per (6) (b) (i) the supplier may charge the consumer a reasonable amount for use of the goods during the time they were in the consumer’s possession. In the alternative, Section 56 refers to a “no-fault clause” whereby the consumer may cancel...

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Episode 48: A Practical Approach To Comply With The POPIA

Episode 48: A Practical Approach To Comply With The POPIA

The Protection of Personal Information Act promotes the protection of personal information by requiring that public and private bodies comply with certain standards when collecting, processing, storing and sharing personal information. Organisations must actively demonstrate compliance with the  POPI Act by implementing appropriate and reasonable measures. In this podcast, SEESA CP & POPI Legal Advisors, Damian Bothma and Melinda van der Merwe discuss how a business can take...

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Unfair, Unreasonable And Unjust Contract Terms And The Consumer Protection Act

Unfair, Unreasonable And Unjust Contract Terms And The Consumer Protection Act

When stipulating the terms and conditions in the contract and/or agreements between suppliers and consumers the Consumer Protection Act clearly stipulates in Section 48 that unfair, unreasonable and unjust contract terms are strongly prohibited. The Consumer Protection Act 68 of 2008 was drafted and implemented to ensure that South Africa establish a legal framework that ensures social and economic welfare for consumers. In its objective (Section 3) the act emphasises the importance to protect...

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Episode 45: The Supplier’s Obligation To The Consumer In Terms Of Good Quality Goods And Services

Episode 45: The Supplier’s Obligation To The Consumer In Terms Of Good Quality Goods And Services

In this podcast, SEESA Consumer Protection & POPI legal advisors, Carmen Ronne and Ashlin Naidoo discuss the consumer's rights to safe, good quality goods and the impact thereof for suppliers when dealing with the implied warranty in terms of Section 55. Further to this, they also discuss the impact of returns in terms of Section 20. Click play to listen to our podcast! Contact your nearest SEESA office to assist your business with its terms and conditions or any CP/POPI related queries....

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