On the 17th of June, President Ramaphosa signed the final enabling legislation to finally give effect to POPI with effect from 1st July 2020. Although it comes into full force, businesses have until the end of June 2021 to comply with the ACT.
The key aims of the POPI ACT is as follows:
- to promote the protection of personal information processed by public and private bodies;
- to introduce certain conditions so as to establish minimum requirements for the processing of personal information;
- to provide for the establishment of an Information Regulator to exercise certain powers and to perform certain duties and functions in terms of this Act and the Promotion of Access to Information Act, 2000;
- to provide for the issuing of codes of conduct;
- to provide for the rights of persons regarding unsolicited electronic communications and automated decision making;
- to regulate the flow of personal information across the borders of the Republic; and
- to provide for matters connected therewith.
In order to ensure that your business is POPI compliant the following checklist will assist:
- Ensure that all contracts include POPI compliance notices
- Ensure that your business direct marketing campaigns are POPI compliant
- Identify what personal information your business collects and how it is stored
- At all times consider consumer’s rights when engaging with them.
Should you require any professional advice in this regard please do not hesitate to contact us for advice in this regard.