Consumer Protection & POPI

DYK – Your Business Must Adhere To Certain Provisions Of POPI Transferring Personal Information Outside Of The Republic Of South Africa

DYK – Your Business Must Adhere To Certain Provisions Of POPI Transferring Personal Information Outside Of The Republic Of South Africa

Chapter 9, Section 72 of the Protection of Personal Information Act No 4 of 2013 deals with transfers of personal information outside South Africa or transborder information flows. A responsible party may not transfer personal information about a data subject to a third party in a foreign country unless certain provisions are in place. For example, if: The foreign country has a law that provides adequate protection;There is an agreement between the sender and the receiver that provides...

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Does The Consumer Protection Act Afford Protection To Second Hand Purchases

Does The Consumer Protection Act Afford Protection To Second Hand Purchases

The main purpose of the Consumer Protection Act No. 68 of 2008 is to protect the rights of consumers in South Africa. Although many consumers are aware of the very existence of the CPA, not many are aware of their actual rights relating to the return of defective or unsafe goods. The Consumer Protection Act protects consumers. For this reason, it deserves to be mentioned that a consumer is a person to whom goods are sold in the ordinary course of the supplier’s business. If a person is a...

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Can The Consumer Refer Their Complaint Directly To The National Consumer Commission (NCC) For Adjudication?

Can The Consumer Refer Their Complaint Directly To The National Consumer Commission (NCC) For Adjudication?

The NCC is responsible for administering and enforcing the Consumer Protection Act (Act 68 of 2008). Section 70 of the CPA provides for consumers to resolve any dispute regarding a transaction or agreement with a supplier by referring a matter to an Alternative Dispute Resolution agent (ADR). This may be an ombud with jurisdiction, a provincial consumer protection authority, an industry ombud accredited in terms of Section 82(6) of the CPA), or a person or entity providing conciliation,...

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The Grey Area Regarding Defective Components And Second-Hand Vehicles

The Grey Area Regarding Defective Components And Second-Hand Vehicles

Second-hand vehicles are often unpredictable in so far as reliability, and general wear and tear are concerned. Below we will discuss the consumer’s right, as per section 56 (2) of the Consumer Protection Act (CPA), to request a supplier to repair or replace a second-hand vehicle or to request a refund at a price paid by the consumer for the vehicle, within a 6-month period as of purchase of the vehicle. This concept may seem simple enough at first; however, complications arise once a vehicle...

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Episode 139: The Interpretation Of The POPIA With Reference To A Recent CCMA Case.

Episode 139: The Interpretation Of The POPIA With Reference To A Recent CCMA Case.

SEESA CP & POPI Legal Advisors, Juanne Bester and Melinda van der Merwe discuss the important aspect of the Sheburi v Railway Safety matter that was raised in the CCMA in March 2022. The applicant raised certain aspects of Personal Information, and a request was made to exclude some evidence due to it being personal information protected by the POPI Act. Click on the play button below to listen to our podcast! Should you require additional information regarding the POPI Act please contact...

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DYK – Your Business Must Adhere To Certain Provisions Of POPI Transferring Personal Information Outside Of The Republic Of South Africa

DYK – Companies Can Now Register Their Information Officers Online.

The long-awaited online registration portal is now accessible and active for Information Officer registrations. One can also register the respective deputies as per Section 55 and 56 of the POPIA on the Information Regulator’s website. Companies will now be able to deal with registrations more efficiently, which is more user-friendly than submitting the registration forms manually.  The registration of Information Officers and their deputies is of great importance in the compliance...

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Does The Consumer Protection Act Afford Protection To Second Hand Purchases

What You Need To Know When Dealing With A Possible Security Compromise.

Security Compromise is a very scary and threatening situation.  Knowing what to do if such an unfortunate event takes place makes it easier and helps to overcome this frightening event. As soon as your company experience any form of security compromise of sensitive or personal information, whether it is information of your clients, suppliers, or employees, the following needs to be done as soon as possible. Section 22 of the Protection of Personal Information Act reads that Notifications...

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Episode 136: The PAIA Manual – Mandatory as of 01 January 2022

Episode 136: The PAIA Manual – Mandatory as of 01 January 2022

SEESA Consumer Protection & POPI Legal Advisors, Remolla Naidoo and Ashlin Naidoo discuss the significance of Section 14 and 51 of PAIA, which stipulates that the Information Officer of a public or private body must compile a manual containing certain information. Click on the play button below to listen to our podcast! Should you require further assistance or any POPI-related advice, please contact your nearest SEESA office for professional legal support. Alternatively, leave your contact...

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Can The Consumer Refer Their Complaint Directly To The National Consumer Commission (NCC) For Adjudication?

What Is The Obligation Of The Supplier Who Delivered Incorrect Goods?

The supplier must, within ten business days after the delivery of any incorrect goods to the consumer, inform the consumer that goods were delivered in error. Those goods become unsolicited only if the supplier cannot recover the goods within 20 business days after informing the consumer. A consumer has no obligation to pay a supplier for unsolicited goods or services or a deliverer for the cost of delivery of any unsolicited goods. To find out how SEESA can help your business visit our...

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The Grey Area Regarding Defective Components And Second-Hand Vehicles

Security Compromises As Required By Section 22 Of POPIA

If your company has experienced a security compromise, the information officer or deputy information officer will be required to complete a pdf fillable form from the Regulator’s website. Failure to do so could mean the notification is non-compliant. When you have experienced a security compromise, you must notify the Regulator as soon as possible using this notification form. The Regulator will then send an acknowledgement of the notification with a reference number. The responsible party is...

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