Legal updates and opinions
Authors
News / News
POPIA, Employment Contracts and Policies and Procedures
by Ahmore Burger-Smidt, Director and Head of the Data Privacy Practice; Jacques van Wyk, Director, Labour & Employment Practice; and Bradley Workman-Davies, Director, Labour & Employment Practice
With effect of 1 July 2020 a number of material provisions of the Protection of Personal Information Act 2013 (“POPIA”) will come into operation. As more fully detailed in a recent Werksmans’ Update, a number of these provisions impose substantive obligations on businesses (including employers) regarding the processing of personal information.
Positive obligations are placed on employers to, among others, ensure that they comply with the provisions of POPIA regarding the processing of their employees’, customers’ and service providers’ information. It is also important that their employees are equally aware of, and comply with, these obligations when processing any such information on behalf of the employer.
Employers will have 12 months, from 1 July 2020, to ensure that such measures are in place.
It is important that adequate provisions be inserted into contracts of employment and that workplace policies and procedures are implemented to ensure compliance with POPIA. These should include:
(a) The designation of an information officer;
(b) Procedures ensuring information is processed in a lawful manner;
(c) Ensuring that the processing of personal information is done in accordance with the eight conditions provided for in the legislation;
(d) Obtaining consent from employees for the processing of their personal information;
(e) Providing training and information to human resources practitioners as well as employees in order to ensure that information is processed lawfully and that employees, as ‘data subject’s , are aware of their rights;
(f) Putting in place measures to ensure the processing of ‘special personal information’ is lawful;Dealing with any cross-border processing of information; and
(g) Implementing procedures to address and deal with any complaints from, among others, employees regarding the processing of their personal information;
We are able to assist with preparation and/or reviewing of abovementioned and to advise on all aspects of POPIA.
Latest News
Regulatory Snapshot: Financial Services and AML
by Hilah Laskov, Director In this article, we lay out the main regulatory and legal developments in 2025 that [...]
The Need to Plead Properly – Patel vs South African Securitisation Programme (RF) LTD & Others (790/2024) [2025] SASCA 186
by Jennifer Smit, Director On 8 December 2025, the SCA handed down a decision in the above matter which [...]
The union doth protest too much: NUMSA v BMW and the limits of court intervention in disciplinary proceedings
by Bradley Workman-Davies, Director The Labour Court’s judgment in NUMSA on behalf of Members v BMW (SA) (Pty) Ltd [...]
Evaluating the public interest effects of a merger: The Competition Appeal Court charts the course
by Paul Coetser, Director and Head of Competition and Kwanele Diniso, Associate When evaluating a merger, the Competition Act 89 [...]
What makes the “Best” mobile network? A South African perspective
by Ahmore Burger-Smidt, Director and Head of Regulatory Choosing the “best” mobile network depends on multiple factors. In practice, it [...]
South African Competition Commission’s Draft Guidelines on Minority Shareholder Protections: what businesses need to know
by Ahmore Burger-Smidt, Director and Head of Regulatory The Competition Commission has published Draft Guidelines on Minority Shareholder Protections for [...]
