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
Combatting climate change, one block at a time…
Blockchain, the decentralised database that stores information electronically on a computer network, is synonymous with using large quantities of electricity [...]
Characterisation: Much ado about nothing
"Characterisation is the biggest problem of our time" according to the Competition Commission's (Commission) Cartels Division Manager's statement at the [...]
SARS v Wiese provides clarity on the collection of tax debt from third parties
By Kyle Fyfe, Director Tax Administration Act In a recent judgment of the High Court in a claim for declaratory [...]
Code of conduct of the Banking Association of South Africa: Finally approved
We have, on multiple occasions, published articles on the Banking Association of South Africa's (BASA) code of conduct. On 11 [...]
The right of access to information vs. The right to privacy
The right of access to information is a unique right in the Constitution of the Republic of South Africa, 1996 [...]
Dealing with unions in the workplace – a multi-layered relationship
Unions worldwide play an essential role in protecting the rights and interests of employees, particularly at lower income levels where [...]