South Africa and global insurance, financial institutions, banking and general law know–how
24 March 2020 marked 100 days to the deadline to ensure compliance with the Protection of Personal Information Act, 2013 (POPIA).
The Information Regulator (IR) has prioritised certain processes that may be applicable to your organisation (which can be completed before 1 July 2021):
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On 18 March 2021, the Information Regulator announced on Twitter that:
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On 22 June 2020, the effective commencement of the Protection of Personal Information Act 2013 (POPI) was gazetted as 1 July 2020.
Anyone processing personal information in South Africa will have a 12 month grace period to ensure that they comply with the requirements of POPI. After 1 July 2021, any non-compliance with POPI will…
Given many entities’ proactive compliance with the provisions of the Protection of Personal Information Act despite it not being enforceable, companies should be considering the impact of POPI (or data privacy laws with wide reach) when they carry out due diligence investigations. Depending on the nature of the transaction, the due diligence process can involve…
The answer to this question posed by the media, probably lies in the National Health Act (the Act).
The Act provides that all information concerning a patient, including their health status, treatment or stay in a health establishment, is confidential. This information may not be disclosed unless:
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In terms of section 8.2 of the Electronic, Communications, Postal and Broadcasting Directions, the Minister of Communications has directed that the South African Post Office may make available its national address system and any other applicable database to assist authorities to identify and trace individuals who are infected by COVID-19, and others who have been…
On 18 March 2020 the Supreme Court of Appeal found that funds were improperly transferred by a financial services provider (FSP) when it received fraudulent instructions from a hacker posing as its client because there was no signature on the instruction as required by the mandate. The FSP therefore acted without receiving proper instructions and…
A signature communicated through an electronic medium like email correspondence is not a binding signature unless agreed to by the parties. In the absence of such agreement, a signature will only be valid if it appears in manuscript form regardless of the medium of communication. When entering into contracts, explicit provision must be made regarding…
A common response by businesses to the spread of COVID-19 has been to implement measures that require social distancing and remote working. To ensure business continuity, some of these measures rely on the availability of technology like VPN access, as well as the use of online platforms to hold team meetings, client calls, vendor engagement,…
In a January 2020 interview, the Chairperson of the Information Regulator, Pansy Tlaluka, indicated that her office has requested President Ramaphosa to sign the remaining provisions of POPI into full force by 1 April 2020. These provisions will establish the minimum requirements for lawful processing of personal information with which all private and public persons…
