The CPA imposes a built-in or automatic warranty (commonly known as a guaranty) that all goods sold comply with the requirements listed in Section 55. If the goods are not suitable for the purposes for which they are intended or otherwise fail to comply with the requirements listed in Section 55, the consumer is entitled to return them, at the supplier’s risk and expense and without penalty, and: (a) Have the item(s) repaired; or (a) Have the item(s) replaced; or (b) Get a full refund of the...

The Protection of Personal Information Act 4 of 2013 (“POPI”) makes provision that every data subject’s personal information should be processed in terms of the act.   Although some employers/companies are under the impression that the act only applies to their clients and/or suppliers it is important to note that employees also fall under the definition of a data subject.  (Data subject means the person to whom the personal information relates). Processing means any operation...

Online transactions are becoming more and more popular, with many consumers opting to purchase online as opposed to going in-store due to their busy lifestyles and the convenience of shopping online. Online retailers need to ensure that these online transactions comply with the Electronic Communications and Transactions Act (ECTA) and the Consumer Protection Act (CPA). In this article, I will discuss the legal requirements which online retailers need to adhere to in order to ensure that the...

In terms of the Consumer Protection Act, a promotional offer means an offer or promise expressed in any manner of any prize, reward, gift, free goods or services, price reduction or concession, enhancement of quality of quality of goods or services, irrespective of whether or not acceptance of the offer is conditional on the offeree entering into any other transaction. It should be noted that a person must not make a promotional offer with the intention of not fulfilling it at all, or,...

Big Data can be described as “representing the information assets characterized by such a high volume, velocity and variety to require specific technology and analytical methods for its transformation into value.” If we take Big Data and combine it with artificial intelligence and facial recognition, it has the ability to intrude on people’s lives on a considerable scale. One’s right to privacy has become a pressing human rights issue worldwide. Social media is being utilized by industries and...

Vicarious liability may in general terms be defined as “the strict liability of one person for the delict of another”. Initially foreign to South African law, vicarious liability had been borrowed from English law. Regardless of the basis of vicarious liability, it is now well established that one person can be vicariously liable for the damage caused by another. Remember, according to the fault theory the wrongdoer had to act with fault, either intent or negligence, in order to incur...

The Protection of Personal Information Act 4 of 2013 (POPI) which was signed into law on the 19th of November 2013 introduces the definition of an “Information Officer” as: “of, or in relation to, a – Public body means an information officer or deputy information officer as contemplated in terms of Section 1 or 17, or Private body means the head of a private body as contemplated in Section 1 of the Promotion of Access to Information Act.” The POPI Act further describes the duties and...

Die basiese konsep van toestemming, en sy hoofrol as 'n potensiële wettige regverdigingsgrond vir die prosessering van persoonlike inligting, is 'n konsep wat  grootendeels verkeerd verstaan ​​word as 'n eenvoudige aksie om 'n datasubjek te kry om “ja” te sê. Dit is belangrik om daarop te let dat die konsep van toestemming regdeur die Wet op die Beskerming van Persoonlike Inligting (die Wet) voorkom. Die Wet definieer "toestemming" as: "Enige vrywillige, spesifieke en ingeligte...

The basic concept of consent and its main role as a potential lawful basis for the processing of Personal Information is a concept that is widely misunderstood as a simple matter of getting a data subject to say “yes”. It is important to note that the concept of consent is found throughout the Protection of Personal Information Act (the Act). The Act defines “consent” as: “Any voluntary, specific and informed expression of will in terms of which permission is given for the processing of...