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 stated previously, we suggest that, if you have not already, you seek to achieve a minimum level of POPIA compliance to avoid unnecessary fines and liability. In this regard note that there is strict liability under POPIA which simply stated means that no one needs to have suffered harm for you to be liable to pay a fine. Please contact us for assistance. We have several packages tailored for different sizes of businesses and different needs.
One of the cases we saw was an instance of a recipient of an email being incorrectly included. In this regard, it is important to relook at your email disclaimers. Whilst you cannot achieve POPIA compliance by simply adding an email disclaimer, the right use of email disclaimers can help you become POPIA compliant. Here is how you can use the POPIA-oriented email disclaimer:
- Include an unsubscribe link. POPIA requires you to provide an easy way for your users to cancel consent for a subscription. Email disclaimers attached to every email correspondence are a perfect way to achieve just that and enable simple and easy opting out.
- Inform your users that you are POPIA compliant. The introduction of POPIA compliance is a great opportunity to build a good impression among your customers. Email signatures and disclaimers are a great place to show that you care about the security and privacy of the personal data you process.
- Processing information. POPIA requires that you need to inform people you contact that you process their personal data (and how). This information should be easily accessible and clearly formulated. Including a link to your organisation’s privacy policy makes it easier for your clients to learn more about how you ensure their personal data security.
Let us know how we can help you draft an appropriate disclaimer for your organisation’s emails.