Legal updates and opinions
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
Update to COVID-19 Temporary Employer / Employee Relief Scheme (TERS) benefits
By Andre van Heerden, Senior Associate; Jacques van Wyk, Director, Bradley Workman-Davies, Director; and Thabisa Yantolo , Candidate Attorney On [...]
COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”) benefit calculation
By Andre van Heerden, Senior Associate; Jacques van Wyk, Director, Bradley Workman-Davies, Director; and Thabisa Yantolo, Candidate Attorney Introduction The [...]
Unprecedented times should serve as a reminder: The importance of privacy
by Ahmore Burger-Smidt, Director and Head of the Data Privacy practice There was of course no way of knowing whether [...]
Update: Directions on resumption of maintenance and construction of energy projects
by Nozipho Bhengu, Director The regulations issued in terms of the Disaster Management Act, 2020 ("Regulations"), which set out the [...]
Request for information on the impact of the COVID-19 pandemic on contributions for retirement savings
by Hilah Laskov, Senior Associate and Chelsea Roux, Candidate AttorneyReviewed by Shayne Krige, Director and head of the Investment Funds & Private [...]
COVID-19 and the ruling party’s policy on the NHI
by Neil Kirby, Director and Head of the Healthcare & Life Sciences practice and Zamathiyane Mthiyane, Senior Associate The COVID-19 virus [...]
