Episode 93: Should My Company Have A Data Processing Agreement With Third Parties?

In this episode, SEESA CP & POPI Legal Advisors, Frederik du Plessis and Melinda van der Merwe discuss the importance to draft a Data Processing Agreement in line with Condition 7, Section 20 of the Protection of Personal Information Act (POPIA). The Responsible Party must ensure that they enter into an agreement when an operator... Read More

Consumer Protection & POPI, LATEST, Podcast

September 16, 2021

Did you know? – A consumer may cancel an agreement at any time?

According to section 14 of the Consumer Protection Act 68 of 2008, a consumer may cancel an agreement at any stage by giving the supplier 20 business days’ notice. Once the consumer has given notice to the supplier, the consumer remains liable for any amounts owed to the supplier up to the date of cancellation.... Read More

Consumer Protection & POPI, DID YOU KNOW

September 13, 2021

The Demand For Quality Goods And Services

According to Section 54 of the Consumer Protection Act 68 of 2008 (hereafter the CPA), a consumer has the right to demand quality goods and services from suppliers. Section 55 of the CPA also refers to safe, good quality goods and services. But what does the CPA mean by safe, good, quality goods and services?... Read More

Consumer Protection & POPI, LATEST

September 12, 2021

FAQ – Is deregistration from the Employment Equity Public Register compulsory for all companies not submitting anymore?

Deregistering from the Employment Equity Public Register is compulsory for all companies not submitting anymore. This includes but is not limited to the following: Section 197 (Transfer of business) Mergers/acquisitions; Labour court order; Liquidation/judicial winding; Insolvency; Not deemed a designated employer anymore; Not reporting for tender purposes anymore; To find out how SEESA can help... Read More

Consumer Protection & POPI, FAQ

September 7, 2021

Episode 91: The Right To Fair, Just And Reasonable Terms And Conditions

SEESA Consumer Protection and POPI Legal Advisors, Meggan Watson and Sandrisha Govender discuss the right to fair, just and reasonable terms and conditions from the Consumer Protection Act. They focus on what constitutes unfair terms in consumer contracts, the responsibilities of the supplier with regard to these contracts and the remedies a consumer may have... Read More

Consumer Protection & POPI, LATEST, Podcast

August 27, 2021

FAQ – Can a consumer cancel his fix-term agreement before the expiry date?

Any fix-term contract can be cancelled by giving 20 business days’ notice for cancellation. In certain instances, the supplier is also allowed to charge a reasonable cancellation fee or penalty charge. Section 14 allows for the cancellation of a fix-term contract. However, it is essential to note that Section 14 does not apply to a... Read More

Consumer Protection & POPI, FAQ

August 26, 2021

An important change took place regarding the PAIA.

The Information Regulator, as of 30 June 2021, took over the function of the Promotion of Access to Information Act (PAIA) from the South African Human Rights Commission (SAHRC). The objectives of PAIA are to promote transparency, accountability, and effective governance on all public and private bodies. An Information Officer of a private body must... Read More

Consumer Protection & POPI, DID YOU KNOW

August 25, 2021

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,... Read More

Consumer Protection & POPI, LATEST

August 23, 2021

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... Read More

Consumer Protection & POPI, LATEST

August 22, 2021

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... Read More

Consumer Protection & POPI, FAQ

Episode 93: Should My Company Have A Data Processing Agreement With Third Parties?

Did you know? – A consumer may cancel an agreement at any time?

The Demand For Quality Goods And Services

FAQ – Is deregistration from the Employment Equity Public Register compulsory for all companies not submitting anymore?

Episode 91: The Right To Fair, Just And Reasonable Terms And Conditions

FAQ – Can a consumer cancel his fix-term agreement before the expiry date?

An important change took place regarding the PAIA.

The Protection Of Personal Information Act (POPIA) – More Than Just Consent

Tired Of Receiving And Having To Sign POPIA Data Processing Agreements?

FAQ – Can POPIA provisions affect disclosure of information in hearings?

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