Advertise Here
Icon

Directory

IconAssociations and Institutes
IconBBBEE Consulting and Verification Agencies
IconBenefit Administrators & Investment Managers
IconConsumer Protection
IconCorporate Governance
IconCredit Bureaus
IconEmployee Benefits Consultants
IconFinancial Planners
IconIndependent Principal Officer
IconIndependent Trustees
IconOmbud
IconPension Fund Trustee Liability Insurance
IconPension Fund Trustee Training
IconPension Funds Adjudicator
IconPublications
IconRegulatory Authorities
IconRetirement Advice
IconRetirement Funds registered by the FSB
IconRetirement Products
IconSocial Grants (Government)
IconTrust Establishment & Management
IconWellness Programs
Advertise Here
  Subscribe To »

POPIA 101

Published

2021

Thu

01

Apr

All businesses with employees, customers and suppliers must comply with POPIA, which comes into effect on 1 July 2021. Here is a practical guide to the most important aspects

 

With the commencement date of the Protection of Personal Information Act 4 of 2013 (POPI) of 1 July 2021 fast approaching, businesses should be reviewing their use of personal information to determine if it complies with the Act. It is important to understand that any business that has employees, customers and suppliers must comply with POPI when dealing with personal information. Below are a few tips on ways businesses can kick-start their compliance exercise.

 

Figure out what personal information you process and why

 

Under POPI, a business must be able to justify why it holds personal information based on one of the several justifications set out in POPI.  This is a good opportunity for a business to assess what information it collects (whether from employees, customers, services providers or other third parties such as credit bureaus) and review whether that information is actually necessary for the purposes for which it was collected.  In this regard, minimality is key – business should not collect more personal information than is required. Importantly, the term "personal information" is defined very broadly to mean any information that can be used to identify an individual person or another business entity. 

 

 

Get rid of what you do not need

 

Under POPI, a business cannot keep a record of personal information once the reason for which it was collected no longer exists, unless required by law.  For example, unless required by law, a business should not keep personal information of any former supplier when the relationship has ended.  Businesses should therefore check whether they are holding onto any old records of personal information that they no longer need and dispose of them in a secure manner.  It is important to note that more data means more risk and it is best to purge what is not required.

 

Look at security

 

Correct management of personal information means appropriate security must be in place to protect it. POPI requires a business to put in place "appropriate, reasonable technical and organisational measures" to prevent loss, theft, or damage to personal information.  The suitability of security measures will depend on the business and the type of personal information it holds.

 

Marketing

 

Opt-out marketing emails and SMSs are a thing of the past under POPI. Unless a person is an existing customer, a business cannot send him or her marketing emails or SMSs without first getting consent from the person. Any request for marketing consent must include language that is set out in Regulations to POPI. Businesses should therefore review their direct marketing practices.

 

Go for the easy wins

 

POPI compliance may seem like a daunting task but there are some "easy wins" when it comes to compliance.  Basic documents used by the business will likely need updating for POPI compliance. These include company privacy policies and employee and supplier contracts. All these documents should aid the business in proving its compliance with POPI.

 
Source: by Wendy Tembedza from Webber Wentzel
 
« Back to previous page Print this page » |
 

Breaking News »

First edition of the Ombudsman’s Briefcase for 2021

In our first edition of the Ombudsman’s Briefcase for 2021 we take this opportunity to wish you a safe and prosperous year ahead. We face this year with a little more hope having emerged from a second wave ...
Read More »

  

STATUTORY MANAGEMENT OF SECURITY SECTOR FUND FAILS TO IMPROVE EMPLOYER COMPLIANCE

A pension fund has been requested by the Pension Funds Adjudicator to notify some of its members of the failure of their employer to pay contributions on their behalf and to report the non-compliance with the Act ...
Read More »

  

Local hedge funds industry finding its feet in a regulated environment

The South African hedge funds industry ended 2020 with assets under management of R73. 27 billion. Statistics released by the Association for Savings and Investment South Africa (ASISA) show that assets under management ...
Read More »

  

Risks in retirement are increasing – but you don’t have to tackle them alone

An increasing risk in retirement is that you will outlive your savings. More retirees feel less confident now that their savings will last, highlighted by a 10% year-on-year drop in confidence reported ...
Read More »

 

More News »

Image

Healthcare »

Image

Investment »

Image

Life »

Image

Short-term »

Advertise Here
Advertise Here

From The Glossary »

Icon

Surety:

An individual or corporation that guarantees the performance or actions of another.
More Definitions »

 

Advertise

 

eZine

 

Contact IG

 

Media Pack

 

RSS Feeds

By using this website you agree to the Terms of Use.
Copyright © Insurance Gateway (Pty) Ltd 2004 - 2021. All Rights Reserved.