The Protection Of Personal Information Act (POPIA) – More Than Just Consent
As the Protection of Personal Information Act 4 of 2013 (hereafter referred to as the Act) has become fully operational since 1 July 2021 businesses have tended to be solely focused on receiving consent from people or clients. The question to ask is: “Is consent enough to process personal information?” The simple answer is no, although consent is one of the fundamental requirements in the Act. The Act requires more than just consent. When referring to Section 18 of the Act, certain...
Episode 90: ICT Sector Council Fees And The Impact It Has On The ESD Element
In today's podcast, SEESA BEE Legal Advisors Solita Narayan and Seshni Chetty discuss the relationship between Information Communications Technology (ICT) Sector Council Fees and the Enterprise and Supplier Development elements (ESD). They also advise on the consequences of not paying these fees. Click play to listen to our podcast! Contact your SEESA BEE Advisor to assist your business with any BEE related queries you might have. Alternatively, SMS "SEESA" to 45776 for an expert legal advisor...
Tired Of Receiving And Having To Sign POPIA Data Processing Agreements?
Many have asked the question, “Do I need to sign these agreements?” Before answering this question, we need to look at the POPI Act and find out under what circumstances personal information can be processed and whether obtaining consent is the only way in which a data subject’s personal information can be processed. From what has been in circulation recently, it appears that there is a misunderstanding or misinterpretation of the Act and its application. Section 11 of the Protection of...
FAQ – Can POPIA provisions affect disclosure of information in hearings?
POPIA has only entered the business sector with vigour in July 2021. The following view is not to be taken as formal advice from SEESA but merely as a point of interest for possible future law development. Firstly, an employee is allowed to collect a copy of documentary evidence that comes into question. For the employee to collect a copy, Section 13 of POPIA must be considered as Section 13(1) states the collector must have a specific purpose for collecting information. It is unlikely for an...
Did You Know? The Regulator may institute a civil action for damages against a business for a data breach.
The Regulator may institute a civil action for damages against a business for a data breach. Whether or not there is intent or negligence. What is a data breach? A data breach can be explained as the intentional or unintentional release of secure or private confidential information to any unauthorised person. A court issuing any order for damages must also order that such breach published in the gazette. Therefore, it will tarnish the reputation of the business.
Can I Make A Black Employee A Shareholder In My Company For An Extra Fee?
Many entities become demotivated when it comes to B-BBEE because they do not have any black ownership or the required black ownership percentage. However, most entities have become creative with ways to achieve ownership points in their entities, but beware that most of these “creative” ideas are indeed fronting, as per the definition in the B-BBEE Act. The business owners, unfortunately, are not aware of the legal consequences of their creativity. What is Fronting? The B-BBEE Act defines...
Episode 89: When Would An Employer Follow Poor Work Performance Rather Than Misconduct?
In today’s podcast, SEESA Labour Legal Advisor’s Shashika Ramjugath and Ronallda Pillay provide a guideline to assist employers in differentiating when to follow poor work performance or misconduct procedures. Click play to listen to our podcast Contact your SEESA Legal Advisor to assist you with any labour related queries you might have. Alternatively, leave your contact details on our website. #TeamSEESA
Disclosure Of Information Before And During Disciplinary Hearings
Many employers had to face the question of whether or not to make certain information available to an employee before a hearing is done or even during a hearing that is being conducted. Information can be confidential, privileged, and sensitive. It is a reasonable concern for the employer to want to know if the employee has the right to request information and whether it would cause problems, should the information be withheld. What information must be given to an employee in regards to a...
Did You Know? – Your business can face a fine if you hire illegal immigrants.
Section 42 of the Immigration Act, 13 of 2002, criminalises the employment of an illegal immigrant. Subsection 42(2) of the Act rejects the claim of ignorance as a valid defence in criminal proceedings, while Section 46 of Act 13 of 2002 as amended by the Immigration Amendment Act, 13 of 2011, makes said criminal act punishable by a fine or imprisonment of 1 year on a first conviction, a fine or imprisonment of 2 years on second conviction and imprisonment of 3 years with no option of a fine...
FAQ – How long will it take to issue a B-BBEE certificate?
Phase 1: • Once your Legal Advisor has received all the required documents from a client, the Legal Advisor will peruse the documents and refer them to a Senior Legal Advisor if deemed complete; • The client will be provided with a preliminary score. Phase 2: • The verification pack is sent to a SANAS accredited verification agency to perform the verification. Phase 3: • The verification process takes on average 4-6 weeks to complete from the date of referral; • The client will receive an...