Privacy Law and POPIA

Privacy Law and POPIA

DATA PROTECTION, INFORMATION SECURITY AND THE PROTECTION OF PERSONAL INFORMATION (POPIA) IN SOUTH AFRICA

PRIVACY LAW IN SOUTH AFRICA: WE ARE ABLE TO ASSIST WITH YOUR PROTECTION OF PERSONAL INFORMATION ACT (POPIA) IMPLEMENTATION AND COMPLIANCE

South Africa’s Constitution provides for the right to privacy.  One of the reasons for ensuring that this right is protected by law, is South Africa’s difficult past, which saw many rights being abused or ignored.  There are other more positive reasons for ensuring that privacy is protected: one of them is that it just makes business sense.

It makes business sense from an international perspective because the European Union is South Africa’s largest trading partner.  We all know how strict their privacy laws are.  We also know how they require other countries, to which their citizens’ personal data are transferred, to have privacy laws that they consider to be adequate (i.e. equal to or better than theirs).  If South Africa wants to be successful in attracting foreign investment in industries like business process outsourcing and data centre, it needs to have adequate privacy laws.

Having adequate privacy laws also makes business sense from a local perspective.  Consumers are becoming increasingly aware of the prevalence of cybercrime and the financial losses they can suffer.  Organisations that suffer data breaches stand to suffer not only penalties imposed by the Information Regulator and related financial losses, but reputational losses too.  Consumers are likely to vote with their feet by leaving an organisation that is perceived to be reckless with their sensitive personal information.

So whether you’re a foreign organisation looking to set up in South Africa, or a South African organisation that needs assistance and guidance  implementing POPIA, we are definitely qualified to assist you.  Here are some of the reasons you may wish to select our firm:

We have been involved with POPIA since it was a discussion paper in 2003 and

our submissions were taken into account in the SA Law Reform Commission’s Privacy and Data Protection Report, 2009

We have been involved in and at the forefront of developments on this area of the law for over 13 years

We have a team made up of legal and technology experts

We have advised multi-nationals, listed companies, state-entities and small to medium enterprises on POPIA and related information security matters.

We have advised multi-nationals, listed companies, state-entities and small to medium enterprises on POPIA and related information security matters:

  • privacy gap assessments, Personal Information Impact assessment and remediation plans;
  • POPIA and GDPR training workshops;
  • Drafting and negotiation of privacy related agreements (Data processing and data sharing agreements);
  • Preparation of privacy related documentation (privacy and information security policies, privacy notices, etc);
  • Security compromises / data breach handling and notification.

 

For more information, tips and updates on data protection in South Africa, please visit our newsletters page, or our YouTube channel.

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