DYK – The Information Officer Has Responsibility To Conduct POPIA Internal Awareness Session
In terms of regulation 4(e) of the Regulations Relating to the Protection of Personal Information Act, it is the responsibility of the Information Officer to ensure that “internal awareness sessions are conducted regarding the provisions, regulations, code of conduct, or any information obtained from the Information Regulator”. The effect of this clause is that the company and Information Officer must remain up to date with the provisions, codes of conduct and any other information regarding...
Episode 115: SEESA Webinars Utalising Technology For Easier and Better Access To Training and Upskilling of Employees
SEESA Skills Development Facilitators Caroline Roos and Iain Peterkin discuss SEESA Webinars and how to book and attend these online courses. They also focus on the benefits thereof and the way in which SEESA is utilising technology to bring training to our clients. Click on the play button below to listen to our podcast! Contact your SEESA Skills Development Facilitator to assist your business with Employment Equity Committee meetings. Alternatively, leave your contact details on our website...
Misleading Representations And Debt Collecting
A common scam that has been operating in South Africa for several years has recently come under the spotlight again after the Debt Collectors Council of South Africa stepped in. With many queries from clients who have fallen victim to this scam and its harassment, it is proper to address the issue in a legal context. The scam: The company will contact you and inform you that they are performing a service for their client and would like to confirm your contact details at no cost. They will send...
How Should My Business Respond To A Data Breach?
Businesses must be aware of the legal requirements when a data breach takes place so that they can be swift in their response, as failure to comply is considered an offence under the Protection of Personal Information Act. The first step is to notify the Information Regulator and the Data Subject/s (should their identity be known) of the breach. The notification must be done as soon as reasonably possible after the discovery unless where, for example, there is a criminal investigation pending....
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...
DYK – Property Practitioners Must Now Have A Valid BEE Certificate?
In terms of the most recent Property Practitioners Act 22 of 2019, which was signed into effect by the President in September 2019, Section 50(a)(x) stipulates that property practitioners must have a valid BEE certificate to renew their fidelity fund certificate. This includes: Estate agents;Managing agents;Rental agents;Business / Property brokers;Providers of bridging finance;Bond brokers;Property valuers;Developers. As all property practitioners need a valid fidelity fund certificate to...
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....
Ownership And The Effect Thereof On A BEE Affidavit
As clients become more familiar with the BEE process, we often receive the question of whether black ownership will influence a company’s BEE affidavit and, if so, what the effect will be. Specific references will be made to the Code of Good Practice for this article. Although various similarities exist between the different sectors in terms of BEE, it is essential to contact your nearest SEESA BEE legal advisor regarding your specific industry and how ownership will impact your industry’s BEE...
Can A Business Change Their BEE Sector Code?
The sector of a business is determined by the type of business from which the business derives the biggest part of its turnover. The name of the entity does not confirm the Sector applicable to the business. Should the business activities fall under more than one sector, the auditor will have to confirm which activities make up the majority of the income. This will then determine under which sector the business will be verified. The BEE Sector Code will only change if the activities of...
The Forestry Sector Codes And Socio-Economic Development (SED):
The B-BBEE Forestry Sector comprises entities involved with commercial Forestry and first-level processing of wood. The following is also included: Growers (plantations, nurseries, and indigenous forests), Contracting sub-sector and pulp, paper, paperboard, timber board product, woodchip, and wattle bark manufacturers, pole treatment plants, etc. The entities that form part of the Forestry Sector Codes must spend 1% of their Nett Profit After Tax on Socio-Economic Development (SED)...