Contract Law and the Constitution
I attended an interesting lecture on Advanced Contract Law as part of my Masters in Commercial Law course, and we discussed how the Constitution of South Africa impacts contracts between private people/companies in South Africa (rather than on contracts with the government). The Constitution indirectly impacts the relationship between private persons because, under section 39(2) […]
More Work To Be Done Before Twin Peaks Is Fully Implemented
In July 2022, the Financial Sector Conduct Authority (FSCA) released its regulation plan for the next three years (2022-2025). Most significant was the delay of the enactment of the conduct of financial institutions bill (COFI) which was previously anticipated to become effective in 2022. COFI is the primary market conduct legislation of the FSCA and […]
POPIA Impact Assessments – An Ongoing Requirement
One of the often held and very mistaken beliefs is that compliance with the Protection of Personal Information Act, 2013 (Act No. 4 of 2013) (‘POPIA’) is something you do once and lasts at least once a year. In reality, compliance is a moving target which shifts with the nature of your processing activities. So […]
The Policing of POPIA and Email Disclaimers
We have all been waiting to see if and when the Information Regulator would start to police compliance with the Protection of Personal Information Act (POPIA). And from our experience in recent weeks with various clients, it seems that the Information Regulator has indeed begun ensuring that entities comply with the provisions of POPIA. As […]