At the core of POPIA’s principles lies a fundamental distinction between two essential entities: The Responsible Party and an Operator. This distinction clearly outlines each party’s roles, obligations, and responsibilities in upholding data protection standards and safeguarding individuals’ privacy rights. The Responsible Party (usually a public or private business) will set out the purpose of the processing activity, and…
Category: Consumer Protection & POPI
May A Data Subject Institute A Claim For Damages Against A Responsible Party For Not Complying With POPI?
Yes, a data subject may institute a civil action for damages in a court having jurisdiction against a responsible party for any breach of any provision of the Act as referred to in Section 73 of POPI, whether or not there is intent or negligence by the responsible party. It is, therefore, a no-fault liability…
Guidelines When Using WhatsApp Groups For Business Communication Purposes.
Using WhatsApp groups for internal workplace communication and marketing purposes has become very popular. Employers should therefore keep in mind that compliance with the Protection of Personal Information Act (POPIA) must be adhered to when processing personal information on this platform. Things to keep in mind when using WhatsApp as a communication platform: Multiple devices…
DYK – Your Business Needs To Have A Privacy Notice?
Section 18 of the Protection of Personal Information Act 4 of 2013 (POPIA), it states that if personal information is collected, the responsible party (The Business) must take practicable steps to ensure that the data subject is aware of specific points. These include: The type of information being collected; The name and address of the…
When Do I Not Need Consent To “Use” Or Process Personal Information In Terms Of POPIA?
Since The Protection of Personal Information Act (POPIA) came fully into force on 1 July 2020, businesses are coming to grasp the many requirements of being POPIA compliant. One question that seems to predominantly be on everyone’s mind when personal information is used is: “Did a person/business have consent to use personal information?”, or, “Where…
Episode 150: Has your business done its personal information impact assessment?
SEESA Consumer Protection & POPI Legal Advisors Viantha Govender and Shanay Reddy discuss the duty of an Information Officer within a business to complete a Personal Information Impact Assessment to identify and minimise the data protection risks from processing personal information within the business in terms of the POPI Act. Click on the play button…
Are You Entitled To Return Goods If You Have A Change Of Heart?
The Consumer Protection Act allows a consumer to return goods in four instances. For example, with direct marketing or, as we refer to, the “cooling-off period”, which allows a consumer to return and get a refund on the goods they purchased after a period of five (5) days. Consumers are also allowed to return goods…
Access to Personal Information in the Public Domain
The Protection of Personal Information Act, 4 of 2013 (The POPI Act) protects an individual’s personal information. The POPI Act also ensures that the right to privacy in terms of the Constitution is upheld. It is important to remember that processing personal information is only applicable when a responsible party processes it. Any processing for…
DYK – In Terms Of Any Transaction, To Whom Does The Consumer Protection Act Not Apply?
In terms of goods or services which are promoted or supplied to the state; In terms of which, a consumer is a juristic person whose asset value or annual turnover, at the time of the transaction, equals or exceeds the threshold value determined by the Minister (R2 million); If the transaction falls within an exception…
Episode 147: Lay-bys and the Consumer Protection Act – Various rights and obligations of both parties to the contract.
SEESA CP & POPI Legal Advisors Charl Fourie and Sage Hardiman discuss the importance of Section 62, lay-by agreements in the Consumer Protection Act, emphasising the Retail Industry. They answer the question of whether consumers can cancel a lay-by without penalty and when goods must be delivered. Click on the play button below to listen…