Many business owners have been asking whether or not there is a POPI Certificate to confirm their compliance and where do they start, all because of the POPIA compliance deadline that was set for 30 June 2021. The simple answer is no.
There is no accreditation that can be given by any advisory firm or regulator to confirm by way of a certificate, or any other confirmatory means that your business is now POPI compliant for a certain period and or indefinitely for that matter.
The compliance of your business will be investigated by the Information Regulator after they have received a complaint.
The actual test will come after the business has received a notice from an Investigations Officer about a complaint that was submitted to the Information Regulator.
With the deadline in mind and the overwhelming legal jargon as to “how to become POPI compliant”, it can seem like a daunting task for any business owner that is also struggling to keep the boat afloat.
With this said, firstly, you can start off immediately to mitigate the possible administrative fines that can be imposed by the Information Regulator by registering your elected Information- and Deputy Information Officer – manually or by way of making use of the Information Regulator’s online portal.
After this has been completed, what will be the next step?
A good starting point in this regard will be to arrange POPIA training for your employees and implement comprehensive POPIA Policies in your workplace.
The abovementioned is by no means inclusive of all the steps needed to be taken but will create a kick-off point to get the ball rolling in the right direction, taking into account the Impact Assessment, which needs to be conducted to identify each businesses unique risk assessment areas.
SEESA has been advising and assisting our clients from the onset of this Act’s inauguration and are well equipped to guide your business to ensure POPI compliance. Contact your nearest SEESA office, alternatively leave your contact details on our website.
About The Author:
Douw Krüger started his career at SEESA in 2015 and is currently a Consumer Protection- and POPI legal advisor at SEESA’s Kimberley office. He obtained his LLB degree in Law and Advance Certificate in Labour Law at the University of the Free State.
References:
Protection of Personal Information Act, No. 4 of 2013