Legal updates and opinions
News / News
Affected persons are invited – again – to provide comments on The Code of Conduct for The Banking Association of SA
On 24 June 2022, the Information Regulator of South Africa (Information Regulator) published a notice in terms of section 61(2) of the Protection of Personal Information Act 4 of 2013 (POPIA) that it is in receipt of a code of conduct from the Banking Association of South Africa (BASA) that deals with how personal information will be processed in the banking sector.
The above recent notice is a carbon copy of the notice that was published on 11 June 2021 and also issued under section 61(2) of POPIA inviting affected persons to provide comments to the code of conduct.[1]
Have there been any changes to the code of conduct in the interim? No.
We have previously written on the full extent and expanse of the code of conduct, and note that the code outlines the appropriate practices to be followed by members of BASA for the lawful processing of personal information in terms of POPIA.
Whether by choice or necessity, most South African citizens have a bank account or perform financial transactions with banks. The activities range from online shopping to payment of their monthly bills and bank and credit union account management. All these activities involve huge chunks of personal information and often sensitive information.
Accordingly, the code of conduct serves as a significant undertaking by BASA and its members on how the processing of personal information will comply with POPIA. The notice invites affected persons to provide comments to the code of conduct on or before 14 July 2022.
[1] See the notice issued by the Information Regulator on 11 June 2021, accessed on 30 June 2022.
Latest News
The publication of information by the Auditor General in terms of PAIA
and Chiara Ferri, Candidate Attorney In the High Court judgment of Sakeliga NPC v The Auditor-General South Africa (36297/2022) [2023] [...]
The Financial Services Tribunal’s position on the withholding of a pension benefit pursuant to a criminal complaint
In this article we will discuss the extent to which employers may withhold a pension benefit if such employer has [...]
OpenAI vs Open AI
OpenAI Inc ("OpenAI"), the originator of ChatGPT, has launched trade mark infringement and unfair competition proceedings in the USA against [...]
Heritage Matters: Celebrating Heritage Month 2023
In this Heritage Month, as we celebrate the richness of Traditional Knowledge (TK) and Traditional Cultural Expressions (TCEs), we [...]
“All change is good”: potential implications of the proposed changes to taxation of income subject to withholding taxes awarded by South African trusts to foreign beneficiaries
and Benedict Ngobeni - Candidate Attorney Reviewed by Ernest Mazansky - Director, Werksmans Tax (Proprietary) Limited Currently, income arising in [...]
The changing landscape of the Companies Act, 2008: the Second Amendment Bill, 2023
In the wake of the Zondo Commission of Enquiry into State Capture's recommendation that certain provisions in the Companies [...]
