Consumer Protection & POPI

Episode 147: Lay-bys and the Consumer Protection Act – Various rights and obligations of both parties to the contract.

Episode 147: Lay-bys and the Consumer Protection Act – Various rights and obligations of both parties to the contract.

SEESA CP & POPI Legal Advisors Charl Fourie and Sage Hardiman discuss the importance of Section 62,  lay-by agreements in the Consumer Protection Act, emphasising the Retail Industry. They answer the question of whether consumers can cancel a lay-by without penalty and when goods must be delivered. Click on the play button below to listen to our podcast! Should you require further assistance or consumer-related advice, please contact your nearest SEESA office for professional legal...

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Direct Marketing Is Allowed In Terms Of The Consumer Protection Act 68 Of 2008

Direct Marketing Is Allowed In Terms Of The Consumer Protection Act 68 Of 2008

Although the Consumer Protection Act No. 68 of 2008 (CPA) protects all consumers’ rights in South Africa, Section 11 and Section 12 of the above Act allows suppliers to approach consumers directly to market their goods or services. Direct Marketing is where a supplier markets their goods or services in person or electronically to a consumer to sell its goods or services to the consumer. All consumers are well aware of this practice as most consumers have been contacted at some time or another...

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DYK – Registration Of An Information Officer Is The Start Of The Process.

DYK – Registration Of An Information Officer Is The Start Of The Process.

Section 55 of the Protection of Personal Information Act 4 of 2013 (POPIA) sets out the duties and responsibilities of the Information Officer. Registration of the Information Officer and Deputy Information Officers is only the start of the process. Many businesses believe that once the aforesaid is done, they are compliant, which is not the case. Although there are no criteria that the Information Officers need to meet, as the Information Officer must work with the Regulator. The writer...

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When Can A Service Provider Charge A Customer For The Supply Of Any Goods Repaired?

When Can A Service Provider Charge A Customer For The Supply Of Any Goods Repaired?

Section 15 of the Consumer Protection Act deals with pre-authorisation for repair and maintenance services. It states that a service provider may not charge a customer for goods or services provided unless the service provider has given a consumer an estimate. An estimate includes the breakdown and the total amount that will be charged , the nature and/or extent of the repairs, the period that the quote is valid for, and the time frame the customer has to collect the goods and the consequences...

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DYK – The Protection Of Personal Information Act 4 Of 2013 (POPIA) Prescribes Compulsory Requirements For The Registration Of Information Officers (IO’s) With The Information Regulator (IR)?

DYK – The Protection Of Personal Information Act 4 Of 2013 (POPIA) Prescribes Compulsory Requirements For The Registration Of Information Officers (IO’s) With The Information Regulator (IR)?

The responsible parties and their IO’s must ensure strict compliance with the relevant provisions of the POPIA and PAIA and respective regulations under the above legislation. “Information Officer” means an Information Officer or Deputy Information Officer as contemplated in terms of Sections 1 or 17 of the Promotion of Access to Information Act. “Personal Information” means information relating to an identifiable, living, natural person, or existing juristic person, including biometric...

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POPIA – Code Of Conduct Brings About More Accountability For Sectors

POPIA – Code Of Conduct Brings About More Accountability For Sectors

The Information Regulator has on 12 October 2022 approved two codes of conduct, which came into effect on 5 November 2022: Code of conduct from the Credit Bureau Association (CBA);  Code of conduct from the Banking Association South Africa (BASA).  The Information Regulator has issued these first Codes of Conduct since its establishment to ensure clarity on conditions for the lawful processing of personal information and how these conditions are to be applied and complied with,...

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Episode 143: The Supplier’s Responsibility In Holding Any Deposit Or Part Payment On Behalf Of A Consumer

Episode 143: The Supplier’s Responsibility In Holding Any Deposit Or Part Payment On Behalf Of A Consumer

SEESA Legal Advisors, Marike Brand and Jano Fourie, discuss the suppliers' responsibilities in the event that they hold any deposit or part payment on behalf of a consumer. They further discuss the suppliers' accountability to consumers in the event of the above. Click on the play button below to listen to our podcast! Should you require additional information regarding the Consumer Protection Act, please contact your nearest SEESA office. Alternatively, leave your contact details on our...

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What Is A Data Processing Agreement, And Do I Need One?

What Is A Data Processing Agreement, And Do I Need One?

Data Processing Agreements / Operators Agreements are required in the Protection of Personal Information Act (POPIA). POPIA requires all businesses that share personal information with third parties/operators to have a Data Processing Agreement in place with the third parties/operators. Third parties /operators are defined as a person or business who processes personal information for a responsible party (the business) in terms of a contract or mandate without coming under the direct authority...

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Can Suppliers Issue Vouchers Instead Of Refunds?

Can Suppliers Issue Vouchers Instead Of Refunds?

Impact of COVID-19 on certain industries The onset of the COVID-19 pandemic has had many implications for businesses, especially those in the travel, tourism and entertainment industries. There was an international ban on travelling and social gatherings, and as a result businesses could not deliver services paid for by consumers. These included airfreight, hotels and music concerts. As a result, businesses had to think outside of the box to continue operating and prevent the businesses from...

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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 – 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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