Legal updates and opinions
News / News
Enforcement notice issued to Dis-Chem due to contravention of POPIA
and Chiara Ferri, Candidate Attorney
The importance of compliance has once again been highlighted as the Information Regulator issued an Enforcement Notice to Dis-Chem Pharmacies Ltd (“Dis-Chem“) on 1 September 2023 for non-compliance with the Protection of Personal Information Act 4 of 2013 (“POPIA“).
The Information Regulator is casting their net wide when it’s come to investigating contraventions, whether it be against large, small, private or public companies and is cracking down on ensuring consumers’ information is safeguarded and lawfully processed.
The Information Regulator found that Dis-Chem failed to identify the risk of using weak passwords, failed to implement measures to monitor and detect unlawful access to their environment and that they hadn’t entered into any operator agreement with their third party service provider which would have, amongst other things outlined the process of reporting to Dis-Chem in the event of a security compromise.
The Information Regulator has ordered Dis-Chem to conduct a Personal Information Impact Assessment and to ensure that adequate measures and standards exist to comply with the conditions for the lawful processing of personal information. They have also been mandated to implement an adequate Incident Response Plan, involving strong access control measures, maintaining a vulnerability management programme, implementing strong access control measures and maintaining an Information Security Policy.
Dis-chem have been ordered to conclude written contracts with all operators who process personal information on its behalf and to develop, implement, monitor and maintain a compliance framework. Failure to comply with such obligations will result in an administrative fine or result in a conviction of imprisonment or both.
A breach of this nature, and the finding as to the lack of safeguards in place should come as a shock for an organisation of this size and an organisation which holds such a vast quantity of data. One would expect that all prominent companies in South Africa would have conducted an impact assessment and would give credence to their responsibilities in protecting their customers’ data. The Information Regulators guidance to Information Officers is clear. Understanding the privacy landscape together with rights, obligations and duties are not negotiable. A robust privacy programme empowers companies to demonstrate that they reasonably comply with the obligations as stipulate in POPIA.
The Werksmans regulatory team has developed electronic tools and a sound methodology which aim to assist with impact assessments and the implementation of a compliance road-map. Compliance with POPIA is not a template that is downloaded and copied. A clear understanding of the legislation is paramount.
Click below to access Ahmore Burger-Smidt’s latest publication:

Latest News
Blackouts, further tariff hikes point to ‘inevitable’ financial distress for SA businesses this year
Rolling blackouts and the recently imposed 18.65% Eskom tariff hikes from April this year are likely to place additional stress [...]
Crypto asset regulation gaining traction in South Africa
The Finance Minister, Enoch Godongwana published Government Notice 2800 of 29 November 2022 in Government Gazette 47596 ("Notice") to amend Schedules [...]
Reviewing and updating your privacy notices
Transparency is one of the key principles for the lawful processing of personal information worldwide. If you collect and use [...]
Whistleblowing in South Africa – employers’ obligations
Whistleblowing is an important tool in identifying, preventing and eradicating criminal conduct, irregular activities, and other improprieties in both the [...]
Payment of Prescribed Minimum Benefits
In the case of Keyhealth Medical Scheme v the Honourable Mr Justice SM Ngoepe N.O, the Registrar of Medical Schemes [...]
A double-edged sword: revenge porn and the Cybercrimes Act
Recently, South Africa has been experiencing a barrage of cyber-attacks and/or cyber-related/enabled crimes, with many individuals and organisations being caught [...]
