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...
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...
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...
Episode 106: The Principle Of Double Jeopardy & Whether An Employer May Recover Damages From The Accused Employee
SEESA Legal Advisors, Ryan King and Johan du Plessis discuss the principle of Double Jeopardy and whether an employer may recover damages from the accused employee. When an employee causes damage to the property of the employer, or the employee's misconduct causes his employer to suffer loss, the employer may implement disciplinary action against the employee but may also recover the costs from the employee for the actual loss incurred. Taking both actions against the employee will not...
Can An Auction House Sell Goods On A Voetstoots Basis, And What Are The Consumer’s Rights In Respect Of Defective Goods?
In recent times, auctions have become a popular means of buying and selling goods. Online auction platforms have been streamlined and become more trustworthy, and as a result, contributed to the popularity of this type of trade. The reality for the consumer is that it is not always possible to inspect the goods beforehand. Many consumers shop for bargains listed on auction platforms, and when delivered to their doorstep, the defect becomes apparent when used. Can the seller (auction house)...
FAQ – How Do I Know Whether A Sector Code Will Apply To My Company?
Each Sector Code has a Scope of Application which determines when a Sector Code will apply. If more than 50% of your turnover is generated through the activities stated in the Scope of Application of a Sector Code, that Sector Code will be applicable to your company. Should you require advice or assistance, do not hesitate to contact your SEESA representative. Alternatively, "SMS" the word "SEESA" to 45776 with your query and a professional Legal Advisor will contact you!...
How Will The Property Practitioners Act Effect The Property BEE Clients
The Property Practitioners Act 2019 comes into effect on the 1st of February 2022. Chapter 2 of this Act looks specifically at transformation in the Property Sector. It is clear from the Act that there is a lot of focus on transformation in die Property Sector. The transformation that needs to be implemented by the Property Practitioners Regulatory Authority correlates with the B-BBEE Goals as set out in the B-BBEE Property Sector Code. This transformation will be done through the...
Can Business Owners Expect A Visit From The Department Of Labour This Year?
The Department of Labour often embarks on labour inspections during the course of each new year. The inspector’s functions include advising employees on their rights and obligations in terms of employment legislation and employment contracts, ensuring business owners comply with the rights and obligations imposed on them in terms of The Basic Conditions of Employment Act and investigating any employee complaints. With the recent developments on the Zimbabwean Exemption Permits...
Episode 105: The Implications Of The Protection Of Personal Information Act 4 of 2013 On Unsolicited Direct Marketing
SEESA Consumer Protection and POPI Legal Advisors Daniel Maboa and Chris Rapetswa provide guidelines on what is expected from businesses who conduct electronic direct marketing to data subjects, as well as the rights of these data subjects as provided for by the Protection of Personal Information Act. Click play to listen to our podcast! Need further information regarding direct marketing or compliance with the Protection of Personal Information Act in general? Contact your nearest SEESA...
A Closer Look At Absenteeism, Abscondment And Desertion
With employers reopening for business after a well-deserved break during the December closure, many employers are faced with employees failing to report for duty. Most employers would agree that there are disruptions in operation due to employees failing to report for duty. The courts have endorsed the concept of corrective or progressive discipline, especially regarding less serious misconduct. In terms of Codes of Good Practice, employers should make the necessary efforts to correct...