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...

With the Protection of Personal Information Act (POPI) created to regulate the protection of personal information, an enormous impact is expected as South African businesses will soon be legally obligated to notify of any data breaches. What is expected from businesses faced with data breaches? The responsible party will have to notify the Information Regulator, as well as the data subject, should there be reasonable grounds to believe that the personal information of a data subject has been...

The General Data Protection Regulation (GDPR) was enforced on 25 May 2018 by the European Union Law and was drafted to coordinate any previous and or current legislation in one document. This means that every resident of the European Union’s (EU) right to data privacy are protected under this regulations. Any law or regulation approved by the EU are in general applicable within the member states of the European Union. It must be emphasised that the GDPR is not a South African Law and that the...

Much has been written about the Protection of Personal Information Act (POPI), its effect on direct marketing and the consequences of unlawful use and processing by responsible parties. Despite this, in the case of MiWay v King Goodwill Zwelithini, MiWay found itself under the scrutiny of the Information Regulator when a telephonic conversation between one of its sales agents and King Goodwill Zwelithini was leaked on social media. The telephone call in question was made by the sales agent to...

The Consumer Protection Act (CPA) was introduced to the consumer community in 2011, notwithstanding the phenomenon that 7 years later, the consumer still accepts that the supplier selects the recourse on the consumer’s behalf. As a consumer, you may have 3 separate potential claims available to aid yourself in a dispute with a supplier; provided that the dispute relates to unsafe, damaged or defective goods or services. These remedies are repair, replace or refund. What does the CPA say?...

Businesses face risk for liability for defective goods every day. A recent important incident is the Listeriosis outbreak that crippled businesses and suppliers in the processed meat industry. The consequences are reaching far beyond just the businesses who are directly involved - farmers who supply livestock to abattoirs, who in turn supply carcasses to the relevant businesses. Even businesses supplying packaging materials are affected. Section 61 of the Consumer Protection Act (CPA) states...