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...

What does that mean to the supplier & consumer in terms of section 21 of the consumer protection act 68 of 2008 (hereafter referred to as the act)? Unsolicited goods are goods: Delivered, after direct marketing, to a consumer where goods were left in the possession of the consumer without requiring or arranging form payment;Delivered at a date, time and place agreed upon with the consumer and the consumer rejected the delivery;Delivered in excess to what was agreed upon with the...

Weddings and functions have become a reasonably lucrative industry in South Africa (and the world over) with over a 150 000 marriages taking place every year according to the Consumer Goods And Services Ombud’s (CGSO) advisory note on cancellations. It is unclear statistically how many of these functions are cancelled annually but from the author’s own experience it appears to be a considerable percentage. The cancellation of wedding functions poses problems both for the wedding service...

Itching to purchase that new 55’ Hisense television, but due to your lovely bank balance, you are unable to do so, frustrating, as most people will know. Retailers are providing lay-by options to consumers who currently do not have the immediate funds available to purchase their products. Consumers have the option available to pay off products by way of instalments while the retailer in return reserves the product and only provides the consumer with the product as soon as the final amount has...

A fixed term contract in terms of the CPA is an agreement between a supplier and a consumer as defined in terms of Section 5 of the act. Juristic persons are excluded from Section 14 of the CPA and are applicable only on agreements where natural persons/consumers are a party to the agreement. The period for a fixed term contract in terms of the CPA is a maximum of 24 months and or 2 years. This means that any clause stipulated in a fixed term contract that states the defer, is incorrect void...

With each new year, resolutions are made to become fitter and healthier, resulting in a large percentage of gym contracts being entered into across South Africa. However, resolutions are often short-lived and the business owner may receive requests for cancellation before the initial contract term has even expired. Informed members often invoking Section 14 of the Consumer Protection Act (CPA) when submitting such a request for cancellation. Gyms that have entered into fixed terms contracts...