Consumer Protection & POPI

DYK – The POPI Act Places Higher Standards To The Processing Of Personal Information Of Children?

DYK – The POPI Act Places Higher Standards To The Processing Of Personal Information Of Children?

The POPI Act stringently regulates the processing of personal information of children, that is any person under the age of 18 years. Section 34 of the Act provides for a general prohibition against the processing of children's information, while Section 35 provides a list of exceptions under which children's information may be processed. Section 35 provides that children's information may only be processed on the basis of parental or a legal guardian's consent, for purposes of establishing,...

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Episode 99: The Motor Industry Ombudsman Of South Africa (MIOSA) Complaints Process.

Episode 99: The Motor Industry Ombudsman Of South Africa (MIOSA) Complaints Process.

SEESA Consumer Protection and POPI Legal Advisors, Sandrisha Govender and Meggan Watson discuss the Motor Industry Ombudsman of South Africa (MIOSA) Complaints Process set out in the South African Automotive Industry Code of Conduct. They focus on why it is important for a supplier to know when a consumer can lodge a complaint, what will happen after the complaint has been lodged, and the consequences for a supplier who ignores such a complaint. Click play to listen to our podcast! Should you...

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Vicarious Liability Of Employers In Terms Of The Protection Of Personal Information Act

Vicarious Liability Of Employers In Terms Of The Protection Of Personal Information Act

The Protection of Personal Information Act (POPIA) is South Africa’s privacy legislation that came into effect on 1 July 2021. At its heart, the Act seeks to enhance the constitutional right to privacy, give data subjects some form of control over their personal information and ensure that organisations processing information do so in line with POPIA. The employer must abide to the POPIA by ensuring that clear policies and standard operating procedures guide employees on how to deal with...

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DYK – Cosmetic Defects On A Vehicle Will Not Cause Imperfection Leading To Cancellation.

DYK – Cosmetic Defects On A Vehicle Will Not Cause Imperfection Leading To Cancellation.

Most Consumers will argue that a cosmetic defect can cause the agreement to be cancelled due to imperfection of the vehicle or part. One must look at the definition of a “defect”. A defect can be defined as "an imperfection (the state of having faults or blemishes) or abnormality that impairs quality, function, or utility". Regarding the definition mentioned above, cosmetic defects can't be seen as a defect but will be defined as an irregularity or imperfection which does not affect a...

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Referral Selling: Is It Allowed Under The Consumer Protection Act?

Referral Selling: Is It Allowed Under The Consumer Protection Act?

Getting new clients is a vital key to growing your business. Referrals are a common way for businesses to increase their customer base and future sales. This is done by offering your customers a reward to get their acquaintances, friends and family to buy your product or services. Before you introduce such a referral program to increase your sales or customer base, you, as a responsible entrepreneur, should first make sure that the marketing strategy you are about to implement in the business...

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The GDPR And Businesses In South Africa

The GDPR And Businesses In South Africa

Trying to understand what GDPR is all about? Simply put, the GDPR is a legal framework that sets guidelines for the collection and processing of personal information from individuals. The GDPR (General Data Protection Regulation) not only applies to businesses within the EU, but also to businesses outside the UN if such a business offer goods or services to residents of the EU or monitor their behaviour. The GDPR was enforced on the 25th of May 2018 by the EU (European Union Law) and was...

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Servicing Or Repairing Your Vehicle Will Never Be The Same Again.

Is driving to the nearest town to service or repair your vehicle a reality just to keep the factory warranty or to make use of the service plan on your vehicle? Starting July 2021, Consumers now have the right to not only service their vehicles at any service centre, in accordance with the Compensation Commission guidelines published in February 2021, Consumers will also be allowed to replace defective parts with non – original parts where the specific vehicle warranty has expired. As such,...

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Episode 93: Should My Company Have A Data Processing Agreement With Third Parties?

Episode 93: Should My Company Have A Data Processing Agreement With Third Parties?

In this episode, SEESA CP & POPI Legal Advisors, Frederik du Plessis and Melinda van der Merwe discuss the importance to draft a Data Processing Agreement in line with Condition 7, Section 20 of the Protection of Personal Information Act (POPIA). The Responsible Party must ensure that they enter into an agreement when an operator processes personal information on behalf of the responsible party. Click play to listen to our podcast! Should you require further assistance or consumer-related...

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Did you know? – A consumer may cancel an agreement at any time?

According to section 14 of the Consumer Protection Act 68 of 2008, a consumer may cancel an agreement at any stage by giving the supplier 20 business days' notice. Once the consumer has given notice to the supplier, the consumer remains liable for any amounts owed to the supplier up to the date of cancellation. The supplier may ask for a cancellation fee if the agreement is terminated prematurely by the consumer.  This cancellation fee must be reasonable.  The reasonability depends...

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The Demand For Quality Goods And Services

According to Section 54 of the Consumer Protection Act 68 of 2008 (hereafter the CPA), a consumer has the right to demand quality goods and services from suppliers.  Section 55 of the CPA also refers to safe, good quality goods and services.  But what does the CPA mean by safe, good, quality goods and services? The right to safe, good, quality goods and services refers to the following: Firstly, the right to timely performance and completion.  Should the supplier give a certain...

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