Consumer Protection & POPI

Who Is The Information Regulator, And What Are The Duties And Functions?

Who Is The Information Regulator, And What Are The Duties And Functions?

The Protection of Personal Information Act (POPIA) requires every public or private body that determines the purpose of, and means for the processing of, personal information to appoint and register an information officer and deputy information officer with the Information Regulator. Who is the Information Regulator? One can describe the Information Regulator as “an independent body established in terms of section 39 of the Protection of Personal Information Act 4 of 2013. It is subject only...

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Episode 114: The Protection Of Personal Information Act: Transparency and Openness

Episode 114: The Protection Of Personal Information Act: Transparency and Openness

SEESA Legal Advisors Mariam Allie and Asheer Dollie discuss the legal requirements when collecting personal information, as set out in Condition 6 of the Protection of Personal Information Act. They further address the consequences of non-compliance and the steps businesses can take towards conformity of Condition 6 of the Act. Click on the play button below to listen to our podcast! Should you require further assistance or advice about POPIA, please contact your nearest SEESA office....

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Does A Consumer Always Have The Right To Return A Product And Request A Refund?

Does A Consumer Always Have The Right To Return A Product And Request A Refund?

The short answer is No. Normally, if a consumer bought a product, it may not be returned for a refund unless there is an additional refund policy in place and a valid reason in terms of the Consumer Protection Act. Valid reasons in terms of the Act are: The product is defective within six months after delivery, subject to investigation and misuse, wear and tear;The product was bought after direct marketing and the consumer cancelled the agreement within five business days;The consumer did not...

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The Important Steps To Be Taken By A Responsible Party When A Data Breach Has Occurred.

The Important Steps To Be Taken By A Responsible Party When A Data Breach Has Occurred.

An essential aspect of complying with the Protection of Personal Information Act 4 of 2013 (hereinafter ‘the Act”) is informing Data Subjects of security compromises/data breaches. This appears to be amplified by the digital era, where companies store most of their data on digital platforms, thus opening themselves to possible data breaches. In terms of Section 22 of the Act, a responsible party, any public or private body who process information on paper or electronically within South Africa,...

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DYK – The Consumer Protection Act defines how long a fixed-term agreement should be and when it may be cancelled?

DYK – The Consumer Protection Act defines how long a fixed-term agreement should be and when it may be cancelled?

In terms of Section 14, read with Regulation 5 of the CPA (Consumer Protection Act 68 of 2008), a fixed-term agreement with a consumer, who is not a juristic person, should not typically exceed 24 months from the date of signature by the consumer. A Consumer may then also cancel the agreement upon expiry or even at any other time by giving 20 business days’ notice in writing. If the agreement expires, it will automatically continue on a month-to-month basis unless the consumer expressly...

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Your Business And The Consumer Protection Act 68 Of 2008

Your Business And The Consumer Protection Act 68 Of 2008

What is the Consumer Protection Act? The Consumer Protection Act (the “CPA”) has been promulgated into law to regulate the terms in which consumers enjoy special protection against suppliers, which main goals are to: Prohibit certain unfair marketing and business practices; Promote a legislative and enforcement framework referring to consumer transactions and agreements; Provide for improved standards of consumer information;Establish norms and standards relating to consumer protection; andTo...

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Episode 114: The Protection Of Personal Information Act: Transparency and Openness

Episode 109: The Processing Of Personal Information of Children In Respect of POPIA – How And Why?

SEESA Consumer Protection and POPI Legal Advisors Megashlin Naidoo and Viantha Govender discuss the legal implications in relation to POPIA and the processing of information of children. They focus on the aspects of Authorisation of processing children's information in respect of Section 34 and 35 of the Protection of Personal Information Act. They also mention the appropriate safeguards in terms of Section 19 required to secure the integrity and confidentiality of Personal Information. Click...

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Does A Consumer Always Have The Right To Return A Product And Request A Refund?

Can A Certificate Be Issued Indicating That You Are POPIA Compliant?

In short, the answer is no. The Protection of Personal Information Act is a theory-based piece of legislation. With such legislation, and because it has only recently been promulgated, it is considered progressive. Because of this, there will be constant challenges with implementing the Act. Naturally, the Information Regulator will release regulations and guidance notes to guide the general public on practical implementation. One must first and foremost realise that becoming POPIA compliant...

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DYK – Retention Of Records And Personal Information Should Not Be Kept Longer Than Stated In The Protection Of Personal Information Act.

DYK – Retention Of Records And Personal Information Should Not Be Kept Longer Than Stated In The Protection Of Personal Information Act.

Personal information should not be kept for longer than necessary in relation to the purpose for which it was collected or processed, according to Section 14 of the Protection of Personal Information Act. What does this practically mean? Personal information should be kept for as long as the record or retention thereof is: required by law;required for a lawful purpose related to a function or activity;instructed by a contract between 2 parties;consented to by the person to whom the information...

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The Important Steps To Be Taken By A Responsible Party When A Data Breach Has Occurred.

POPIA: The Complaints Procedure

The promulgation of the POPIA has taken South Africa by storm and has left many businesses with the question of how they can practically implement the Act within their company and whether they will ever be fully POPIA compliant. Luckily, the Information Regulator has released regulations with guidelines to ensure we all have a better grip on POPIA and its implementation. With consent documents looming on the one hand, and questionable marketing calls that are currently flooding consumers, one...

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