Consent, as one of the justification grounds for lawful processing of information, can frequently be interpreted as meaning that one simply needs to obtain a “yes” from a data subject. This is not the case. The Responsible Party will always bear the burden of proof in that consent has been properly obtained from the data subject. The business must keep proper records in order to prove that the consent was obtained. The concept of consent can be complex and found in a variety of sections of the...

The general misconception amongst many consumers is that the right to return goods (Section 20 of the Consumer Protection Act) applies regardless of the reason for the return. Therefore suppliers are often bullied into accepting returns even when there is no obligation on them to do so. It is quite clear from Section 20 of the CPA that this right does not apply where a consumer had a change of heart or buyer’s remorse. The background to this discussion involves a careful look at Section 20 of...

According to the Consumer Protection Act (CPA), consumers have the right to suitable, quality products. When selling second-hand goods, suppliers often merely cites “voetstoots” and the consumer is expected to accept the goods as it is presented to them. However, the CPA protects consumers’ rights by placing specific obligations on the supplier to provide good working goods, usable for the purpose it was originally intended. A quick look at the CPA explains these rights and obligations....

Section 11 of the Protection of Personal Information Act (POPI) “Consent, justification and objection”, forms part of the second condition for lawful processing, namely “processing limitation”. The purpose of this condition is to make the responsible party (the Party that determines the purpose of and means for processing personal information) aware that there are restrictions on the processing of personal information. Personal information should only be processed if the purpose of the...

Most businesses ensure that their customers sign standard terms and conditions for service or goods delivery. Properly drafted and implemented terms and conditions prevent future disputes and provide the business with essential protection against non-payment and product or service liability. One cannot over-emphasise the need to properly explain the business terms and conditions to potential customers. The Consumer Protection Act 68 of 2008 (CPA)...

The Protection of Personal Information Act 4 of 2013 (POPI) which was signed into law on 19 November 2013 introduces an overarching regulatory framework for investigative and enforcement procedures to be followed by the Information Regulator where an allegation of a breach of the POPI Act is made. Even though the whole of the POPI Act is not in effect as yet, it is important to note how it will be enforced by the already appointed Information Regulator, once the rest of the POPI Act comes into...

The Consumer Protection Act 68 of 2008 (CPA) came into effect in April 2011. Unknown to many Non-Profit Organisations (NPOs), the CPA applies to non-profit sectors. This could include amongst others; social, religious and educational organisations. It is a given that all NPOs are to be registered with the Department of Social Development and obtain an NPO Certificate including a registration number. What impact does the CPA have on NPOs? NPOs as suppliers of goods and services It is common...