NCA & POPIA
The information regulator (South Africa) is an independent body established in terms of section 39 of the protection of personal information act 4 of 2013. It is subject only to the law and the constitution and it is accountable to the national assembly. The information regulator is, among others, empowered to monitor and enforce compliance by public and private bodies with the provisions of the promotion of access to information act, 2000 (act 2 of [...]
NCA & POPIA
Issued by the CBA We have considered both section 2(5) of the NCA, as well as section 4 of the Interpretation Act, both of which appear below (for convenience).  Section 2(5) of the NCA When a particular number of business days is provided for between the happening of one event and another, the number of days must be calculated by—(a)         excluding the day on which the first such event occurs;(b)         [...]
NCA & POPIA
Automatic Removal Of Adverse Consumer Credit Information  All adverse information recorded on a credit bureau must be removed once the debt has been settled. Retention Periods For Displaying Information On The Credit Bureaus   CategoryDescriptionMaximum PeriodChangeDetails and results of complaintsNumber and nature of complaints lodged and whether a complaint was rejected. No information may be displayed on complaints which may6 monthsEnquiriesNumber of enquiries made on a consumer’s record, including the name of the entity/person who made [...]
Does the NCA apply?
NCA & POPIA
The NCA was passed mainly to protect the consumer. It applies to all juristic persons (with limitations) and to all natural persons (even if they are a sole proprietor). It also applies to trusts that have two or fewer trustees (unless one of the trustees is itself a juristic person). The NCA does not apply to large juristic persons, that is those that have an annual turnover or asset value in excess of ZAR 1 000 000 (one million) [...]
Marketing
Quick Guide To Direct Marketing Compliance With introduction of POPIA (Protection of Personal Information Act) one of the major changes is the way we market to current and potential clients. In electronic marketing it was previously sufficient to allow for opt-out option but this has changed in the fact a client must actually first opt-in to receive marketing by giving their consent rather than opting out. This affects email, SMS, automated voice machines and fax marketing in a [...]
Marketing
Section 13 of the Protection of Personal Information Act (POPIA) provides that ”personal information must be collected for a specific, explicitly defined and lawful purpose related to a function or activity of the responsible party.” Then the supplier must take steps to make the consumer aware of this purpose section 13(2). Consumer/Client must be aware that personal data is being collected. Section 18 provides that the consumer must be made aware that information is being collected [...]
Business “Unusual”
Blog
South Africa was, generally speaking, already navigating through a torrid economic environment before the COVID-19 outbreak was declared a global pandemic. The “Corona crisis” has just been made whole lot more interesting when coupled with the fact that South Africa has been downgraded by all remaining ratings agencies to junk status when you add these elements to the fact that we were already battling electricity generation problems and the fact that when we went into [...]

journey into the known