PAIA Annual Report Submission Reminder
It’s that time of year again, all private bodies in South Africa are required to submit their annual PAIA (Promotion of Access to Information Act) reports to the Information Regulator. This reporting period opened on 1 April 2025, and the final deadline is 30 June 2025. This annual obligation helps the Information Regulator monitor compliance […]
Guidance Note on Direct Marketing
On the 3rd of December 2024 the Information Regulator published a Guidance Note on Direct Marketing (“the note”). The note essentially expanded the definition of electronic communications to include voice and sound messages including automated voice messages. This in turn expanded the ambit of what the rules on direct marketing applied to in the context […]
Legal Implications of Using AI Generative Services
You would need to be living off the grid and be totally unplugged not to have heard of ChatGPT. It has a massive number of initial subscribers and is touted diametrically opposed as either genius or the start of “the end of days”. Irrespective of the view you might hold, it is critical that your […]
Updates in the Local Data Protection Landscape
This week the Information Regulator issued its first fine. It fined the Department of Justice R5 million for failure to renew antivirus software as instructed. This comes after the deadline for submission by all public and private bodies of a section 32 report under the Promotion of Access to Information Act (‘PAIA’). These acts clearly indicate […]
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 […]
Changes To The European Data Protection Landscape And What It Means For Your Business In South Africa – What Must I Do Now?
The global data protection landscape is complicated and confusing to follow at times. The main piece of legislation dealing with data protection worldwide is the GDPR and most other localised pieces of legislation follow the principles of the GDPR to qualify for an adequacy ruling to enable the free flow of personal data to and […]
Protecting Your Designs: The Fine Print Explained
Many people work in the design world, whether that is as a writer, designer, content creator, fashion designer, artist, coder etc. But you don’t need to be a designer to have a product capable of being protected. Protection of original works also applies to anyone who has created a product or service that is unique […]
Challenging Times Ahead for SMEs Looking for New Leads: POPIA & Marketing Your Business
Being a small business in this operating environment is not an easy feat; the past 12 months have been extremely challenging for SMEs operating in travel, hospitality, beauty and food and beverage, among so many other sectors. In fact, according to a recent survey by SME financier Retail Capital, 31.5% of small businesses are currently […]
Covid Puts a New Spin on POPIA Implementation
Our personal devices, such as mobile phones, laptops and tablets are increasingly used to access movies, download apps, store music or stream content from platforms like Netflix or Showmax. And they are often shared among family members, such as children who regularly use their parents’ devices to enjoy online content. But, with POPIA […]