Consumer Protection & POPI

The POPI Act: Unique Identifiers and Prior Authorisation

The POPI Act: Unique Identifiers and Prior Authorisation

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 30June 2021. Some of these sections include sections 57, 58, and 59 of the Act which relates to Prior Authorisation. Section 57(1) of the Act, which relates to processing subject to prior authorisation, state the following: “The responsible party must...

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Episode 33. Does your industry require a Code of Conduct in terms of the POPIA?

Episode 33. Does your industry require a Code of Conduct in terms of the POPIA?

In today's podcast, Consumer Protection experts Nelly Nyembe and Damian Bothma explain the necessity of Codes of Conduct which demonstrate the readiness of respective industries to adhere to principles imbedded in the Protection of Personal Information Act to become compliant. Codes of Conduct give comfort to the Regulator for the level of commitment by industries, bodies, associations and stakeholders to its principles. Contact your nearest SEESA office to assist you with the Codes of Conduct...

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Service Delivery and COVID-19.

Service Delivery and COVID-19.

Frustrated, locked down, bags packed but nowhere to go, more and more consumers are making use of online platforms when ordering goods and services.   Although a sigh of relief for some companies feeling the burden of the pressure on the economy, on the downside consumers have made their voices heard reaching out to suppliers on social media platforms, complaining about poor service delivery, as well as delivery time periods not being adhered to. Companies should take note of the...

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SEESA Did You Know? POPI to Commence on 1 July 2020.

SEESA Did You Know? POPI to Commence on 1 July 2020.

POPI is knocking on each organisations door, and with the recent breaking news, POPI will soon be entering. The POPI Act gives effect to section 14 of the Constitution which grants a person the right to privacy. The President has proclaimed that 1 July 2020 will be the commencement date on which further sections of the POPI Act will come into effect. These sections set out the bulk of the POPI Act and organisations (both private and public) will be granted a one-year grace period after which...

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Cancellation of Timeshare Agreements & The Consumer Protection Act

Cancellation of Timeshare Agreements & The Consumer Protection Act

Many consumers bought the idea of cheap holidays and ended up with points they couldn’t use, vacation properties that are never available to use at a convenient time, or worse, a contract that was signed and they couldn’t get out of. Due to the National Pandemic, COVID-19, consumers are enduring high financial stress and many of them find them in a situation where they want to minimize their financial burden and therefore want to cancel unnecessary expenses. The Consumer Protection Act is...

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The Return Of Goods During Lockdown

A press release from the office of the Consumer Goods and Services Ombudsman has been doing its rounds stating it has received several complaints relating to returns. Clothing, in particular, has drawn the most attention during level 4 lockdown where it was stated that suppliers are not allowing fittings or returns and that consumers only find out about this when they attempt to return. Ms Magauta Mphahlele, the CGSO Ombudsman stated that “lockdown related returns policies must be judged...

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Promotional Competitors & The Consumer Protection Act

Businesses often use competitions as a mechanism to market products or services to customers. During the COVID-19 pandemic, when lockdown regulations have restricted certain stores from opening, we have seen an uptake of competitions run by small to medium-sized companies. If you go on Instagram or Facebook, you will most likely see at least one such company promoting their goods through a competition. It is an easy way to market the goods you sell while people cannot visit your store....

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CONTACT TRACING IN TERMS OF COVID-19

On the 25th of March 2020, the Minister of Communications, Telecommunications and Postal Services, Stella Ndabeni-Abrahams, announced that one’s cell phone data will be used to curb the spread of COVID-19.[1] Chapter 3 of the Regulations issued in terms of Section 27(2) of the Disaster Management Act, allow for the formation of a COVID-19 tracing database.[2] This will be conducted in the form of contact tracing. This can be defined as “the practice of identifying and monitoring...

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May you evict during lockdown?

The inability by the tenant’s to afford the cost of rent is on the increase as the lockdown period continues and the majority of the working population being unable to return to work. Questions relating to lapsed leases, non-payment/partial payment of rent and evictions of tenants have consequently become more prevalent. The rights and obligations of the landlord and tenant must, therefore, be weighed against the Level 4 Regulations which will be addressed in the queries received below. My...

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COVID-19 and Consumer complaints

The normal that we are used to has completely changed. While everyone is navigating in unchartered waters, the Consumer Goods and Services Ombud is also doing their part in flattening the COVID-19 curve. The Consumer Goods and Services Ombud has mentioned that they are aware of the fact that the pandemic has a tremendous effect on the rendering of goods and services by suppliers and the cancellation thereof by consumers. The Consumer Goods and Services Ombud has brought some relief in dispute...

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