Consumer Protection & POPI

DYK – Section 26 Of The Protection of Personal Information Act Defines Special Personal Information?

DYK – Section 26 Of The Protection of Personal Information Act Defines Special Personal Information?

The Protection of Personal Information Act (POPI Act) defines Special Personal Information in Section 26 as follows: “Special personal information” relates to religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life or biometric information. Also included in this category is information about the alleged commission of any offence or any proceedings regarding any offence allegedly committed and the outcome of such proceedings....

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Episode 126: The Procedure To Follow When Submitting A Complaint And Handling Thereof By The Information Regulator

Episode 126: The Procedure To Follow When Submitting A Complaint And Handling Thereof By The Information Regulator

SEESA Consumer Protection and POPI Legal Advisors Frank Maritz and Jaco Lombard discuss the content of the guidance note published during October 2021. They focus on elements such as how to file a complaint with the Information Regulator, will all complaints be investigated by the Information Regulator and appeal against the finding. 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...

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Your Rights As A Consumer When Receiving A Service

Your Rights As A Consumer When Receiving A Service

In the past, people were not always protected against suppliers of goods or services. Suppliers could have misled consumers about the quality of their goods or services and offered them goods or services on unreasonable terms and conditions, leaving the consumer with little or no remedy if a problem occurred. Section 54 of the Consumer Protection Act 68 of 2008 regulates the specific rights of a consumer when a supplier gives an undertaking to perform any services for or on behalf of a...

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Does My Business Have To Register With The Consumer Ombuds And Pay Fees?

Does My Business Have To Register With The Consumer Ombuds And Pay Fees?

In short, the answer is yes. The Consumer Goods and Services Ombud (CGSO) and Motor Industry Ombud of South Africa (MIOSA) were accredited in terms of Section 82(2) of the Consumer Protection Act (the CPA). They are tasked with enforcing the Codes of Conduct regarding Consumer matters in their respective fields. In terms of their Codes, accredited by the CPA, all suppliers conducting business in their respective jurisdictions must register and pay membership fees. Should you want more...

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Do All Businesses Need To Comply With The POPI Act?

Do All Businesses Need To Comply With The POPI Act?

This is a question that numerous business owners commonly ask throughout different sectors in South Africa. More often than not, the answer would be a quick yes, but let’s look at what approach business owners can take when establishing whether they need to comply with the act. The Protection of Personal Information Act applies when your business is registered and has an address within the Republic or if your business has a foreign address, but you process information within the Republic. It...

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DYK – A Supplier May Be Held Liable For Damages Caused By Products Supplied To A Consumer In Terms Of The Consumer Protection Act?

DYK – A Supplier May Be Held Liable For Damages Caused By Products Supplied To A Consumer In Terms Of The Consumer Protection Act?

In terms of Section 61 of the Consumer Protection Act, a consumer may claim damages from any Supplier in the supply chain if a product supplied is unsafe, defective, or there is an inherent risk of possible damages in the product supplied that the consumer has not been made aware of. The time that such a claim may be instituted is three years when such damages occurred or within three years from the date that the consumer is made aware of such a potential claim for damages. The damages for...

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Do All Businesses Need To Comply With The POPI Act?

Why Do I Need A PAIA Manual?

The Protection of Personal Information Act 4 of 2013 (POPIA) is South Africa’s new privacy legislation that came into effect on 1 July 2021.   In Section 55 (1) of POPIA, an Information Officer has certain duties and responsibilities.  There are, however, additional duties and responsibilities placed on an Information Officer in terms of Regulation 4 of POPIA, one of which is to ensure that a manual is developed, monitored, maintained and made available as prescribed in sections 14...

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Episode 122: When Will A Supplier Be Liable For Damages In Terms Of Section 56 Of The Consumer Protection Act?

Episode 122: When Will A Supplier Be Liable For Damages In Terms Of Section 56 Of The Consumer Protection Act?

SEESA Legal Advisors, Yolande Iversen and Charl Fourie discuss the importance of Section 56 of the Consumer Protection Act with an emphasis on the Motor Industry. They focus on whether Consumers can repair a vehicle themselves without notifying the supplier first and claim for reimbursement after the fact. 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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DYK – Section 26 Of The Protection of Personal Information Act Defines Special Personal Information?

DYK – A Consumer Has The Right To Receive Good, Safe and Quality Goods.

A consumer may receive goods that are safe and of good quality. In determining what is defined as good quality, Section 55 of the Consumer Protection Act dictates that goods must be reasonably suitable for the purpose for which they are generally intended, in good working order and free of any defects. Goods also need to be usable and durable for a reasonable period having regard for how the goods are normally used, and how the goods were marketed and or packaged in relation to their purpose....

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Your Rights As A Consumer When Receiving A Service

Get With The Customer Loyalty Programme

Section 35 of the Consumer Protection Act has changed the landscape for suppliers who run customer loyalty programmes as part of their marketing strategy. Loyalty credit or rewards under these programmes are deemed a legal medium of exchange when redeemed for goods or services offered in the loyalty programme. A supplier or service provider who accepts loyalty rewards or credits as an exchange for any goods or services may restrict the availability of the goods or services during a particular...

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