Requirements for the processing of Personal information in Terms of the POPI Act. The Protection of Personal Information Act, Act No.4 of 2013 (POPI) provides for a legal framework in terms of which information of a personal nature, held of any data subject, which includes a natural living or juristic person should be dealt with in a confidential way. The definition of personal information in the POPI Act includes amongst others any information of a date subjects race and ethnic origin, the...

With the Protection of Personal Information (POPI) Act still on billboards and in the news, most business owners are aware of it but they are still unsure of whether they are processing personal information lawfully. You might think, “How am I going to do what the POPI Act requires from me and grow my business at the same time?” This is not only possible, but it’s not as hard as many business owners think. Where does my compliance begin? Businesses need to work systematically through their...

After the Protection of Personal Information (POPI) Act Draft Regulations were gazetted in September 2017, they are expected to be published in April 2018 after comments and suggestions were considered. The Draft Regulations are basically more detailed rules and procedures on the practical application of the POPI Act. An assessment of the Draft Regulations demonstrate that they are practical and relatively uncomplicated. What is the role of the POPI Act Draft Regulations? The Draft Regulations...

It often happens that, after purchasing an item, we discover that it is broken. Our first reaction is to return it to the shop we bought it from and get our money back, right? Not always. Section 56 of the Consumer Protection Act (CPA) provides an automatic warranty whereby all goods may be returned to the supplier without penalty and at the supplier’s risk and expense within 6 months of the purchase or delivery date, if those goods fail to meet the requirements of Section 55 of the CPA: They...

The Consumer Protection Act (CPA) has had a great impact on fixed term agreements in South Africa. Suppliers can no longer bind consumers to fixed term agreements as they did in the past. Section 14 of the CPA regulates fixed term agreements (though it doesn’t apply to all fixed term agreements). What are the rights of the consumer and the supplier in this regard? Let’s have a careful look at the CPA. The applicability of Section 14 of the CPA Section 14 of the CPA applies to all fixed term...

The enactment of the new Consumer Protection Act No. 68 of 2008 (herein referred to as the CPA) introduces some changes to lease agreements for immovable property. Parties acquire certain rights in respect of the cancellation of a lease agreement, as well as certain rights pertaining to the maximum duration of a lease agreement. When referring to the regulations promulgated in terms of the CPA a maximum duration of 2 years are prescribed for fixed term agreements. This provision also applies...