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POPIA and Data Security

  • November 9, 2020
  • Sián Fields (Copyright IP & Technology, Data Privacy and Commercial Law Specialist)

The deadline for compliance with the Protection of Personal Information Act (“POPIA”)  is of 30 June 2021, which is drawing ever closer. Although this may seem far away, it is never too soon to start planning your implementation of measures necessary to ensure your compliance and to avoid hefty penalties from the regulator.

One big aspect of POPIA compliance is that of information security and how you manage data breaches. Note that POPIA requires a positive action on your part in the event of a data breach to notify the regulator and all data subjects involved. From an information security perspective it is essential that you have operational processes in place to manage the risk of a data breach occurring and minimize the impact of the risk should it emerge.

It is important to have several inter linking information security policies in place to manage the risk of data being compromised within your organization. These policies need to be implemented within the organization, reviewed at least annually and all staff should be aware of the contents of all policies and agree to be bound by the provisions thereof.

Often technical standards are mentioned when looking at any information security program within an organization such as ISO27001. POPIA doesn’t mandate certification with ISO27001 but it is the industry best practice guideline. Certification can be expensive and many organisations rather choose to undertake to be compliant with the standard rather than undergoing a full certification process. At the core, ISO27001 requires that an organization adopts a risk-based approach to data security with the goal of continuous improvement.

Getting the right information security policies in place within your organization is essential. Remember, due to the notification requirements of a data breach, your risk is not just of a fine by the Regulator, but also reputational damage and loss of trust in your organization.

Let us know if we can help you implement a set of appropriate information security policies.

About the author

Sián Fields (Copyright IP & Technology, Data Privacy and Commercial Law Specialist)

Sián Fields is a Reynolds Attorneys consultant specialising in copyright IP and technology law, data privacy law and commercial Law. She has an LLM in Commercial Law with a specialisation in Electronic Law, and has extensive experience in information technology and telecoms, and offshore and local data privacy laws.
  • Data Privacy, POPIA
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Nicole Copley

NGO law

Nicole Copley is an NGO lawyer who works for NGO clients all over South Africa and internationally. She qualified with a BA LLB LLM (Tax) from the University of KwaZulu-Natal, Durban (with a Masters in tax exemption), and is a Master Tax Practitioner SATM.

Nicole advises on, drafts and amends founding documents for and sets up every sort of organisation required by South African NGOs. She makes tax exemption and 18A (deduction of donations) applications, and applications to be registered with the Nonprofit Organisations Board. She (and her team) keep registrations up to date and assist with compliance and reporting. She also NPO reporting and other services. She advises on re-structuring and assists not-for-profits in understanding and applying the useful provisions of B-BBEE.

She also does commercial drafting work for her NGO clients, vetting and drafting agreements for them. She works for a wide range of types and sizes of organisations and aims to provide a pragmatic and efficient service. Her decades of experience in consulting to NGOs means she takes the long view, is focused on governance, ethics, credibility and sustainability and steers clients away from quick fixes, helping them build/renovate so that the organisation outlasts current office bearers.

Nicole works with other consultants to the not-for-profit sector, collaborating on training, newsletters, advising government on legislation for the sector and, most recently, a series of practical guides for the sector, called “NGO Matters”, originally published by Juta but now published by Nicole as NGO Matters Publications.

She has been a consultant since 2019.

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