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Data breaches: to notify, or not to notify, that is the question
Data breaches We have had a number of clients approach us on the issue of security compromises or "data breaches" and have quickly come to learn [...]
Jacob Zuma’s medical records: off limits or fair game
Jacob Zuma's medical records Discussions around medical records have taken centre stage at former president Jacob Zuma's trial for corruption, fraud and racketeering emanating from the [...]
“I will never get caught”: The consequences of non-compliance with POPIA
Non-compliance with POPIA With the attention on complying with the Protection of Personal of Personal Information Act No. 4 of 2013 ("POPIA") by 1 July 2021 [...]
Obtaining authorisation to process special personal information demystified
1. Processing of Special Personal Information On 28 June 2021, the Information Regulator published its "Guidance Note on Processing of Special Personal Information"' ("Guidance Note"). Self-evidently [...]
Eye spy with my little eye… Template PAIA Manuals published by the Information Regulator
Updated PAIA Manual templates for private bodies To kick off the beginning of Access to Information month, the Information Regulator published its updated PAIA Manual templates [...]
Draft standards on address data published for public comment
Draft standards on address data 1. The Protection of Personal Information Act 4 of 2013 ("POPIA") has a wide application especially if one considers the definition [...]
Oh how the world is changing – Draft guidelines on collaboration between competitors on localisation initiatives
Draft guidelines on collaboration between competitors on localisation initiatives 1. The Competition Commission ("Commission") has recently issued a notice in terms of section 79(3) of the [...]
The Memorandum of Understanding between the Competition Commission of South Africa and the National Agricultural Marketing Council
The Competition Commission and the NAMC concluded an MOU On 13 August 2021 the Competition Commission ("the Commission") and the National Agricultural Marketing Council ("the NAMC") [...]
Information officers take note!
Promotion of Access to Information Act, 2000 regulations 1. The long-awaited Promotion of Access to Information Act, 2000 regulations ("the Regulations") were finally gazetted by the [...]
Mr. President, you don’t need an iPad, please use a pen!
by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of Competition Law Practice; and Nyiko Mathebula, Candidate Attorney 1. On [...]
Facebook, will you ever give up?
Facebook Data 1. It is often said that data is replacing oil as the world's most valuable resource and is the commodity of trade in the [...]
Beware! Draft National Policy on Data and Cloud published
by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of Competition Law Practice; and Dale Adams, Associate "Data generated in [...]
POPIA: misconceptions, Whatsapp groups and other deceptions!
by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of Competition Law Practice; and Nyiko Mathebula, Candidate Attorney I hereby [...]
The Information Regulator – Both a POPIA And PAIA Regulator, Extension granted for PAIA manuals to be available
by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of Competition Law Practice; and Dale Adams, Associate The Information Regulator is [...]
Don’t let rumours deceive you, POPIA is still coming into effect on 1 July 2021 – No extension or grace!
POPIA is still coming into effect on 1 July 2021 "We have already said that on the 1st of July all responsible parties must ensure that [...]
POPIA and social media posts
Processing of personal information on social media platforms A great deal of attention has been given to juristic entities' compliance with the Protection of Personal Information [...]
Cybercrimes Act: South Africa Finally Joins The Big Boy Table
1. President Cyril Ramaphosa has just signed the Cybercrimes Bill, which seeks to bring South Africa's cybersecurity laws in line with the rest of the world, [...]
Blessing or Curse: POPIA requires that an Information Officer must be appointed
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice and Dimakatso Khumalo, Candidate Attorney Introduction The digital representation of [...]
Imposing Most Favoured Nation Clauses? Okay, now pay a fine to the tune of £17.9 million
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Dale Adams, Associate On 19 November 2020, the Competition [...]
Information about information: why calls for the regulation of metadata are gaining traction in Europe
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Tristan Meyer, Candidate Attorney In the European Union, metadata [...]
Unique Identifiers: Why the distinction?
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Nyiko Mathebula, Candidate Attorney The Information Regulator The Information Regulator ("Regulator") [...]
Anticipating POPIA
Provisions of the Protection of Personal Information Act or POPIA The Information Regulator recently published a notice in respect of the proposed coming into effect of [...]
Kick the tires and light the fires – guidance note on Information Officers and Deputy Information Officers finally published
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Dale Adams, Associate On 1 April 2021, the Information [...]
Minister Patel clarifies his views on employee share ownership programmes and Broad Based Ownership Schemes but uncertainty continues
by Pieter Steyn, Director and Head of Broad-Based Black Economic Empowerment (B-BBEE) Practice A new Broad Based Black Economic Empowerment ("BBBEE") initiative was announced by Coca [...]
That’s the way the cookie banner crumbles: draft EU ePrivacy regulation seeks to reform the cookies recipe
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Tristan Meyer, Candidate Attorney European data protection regulators kicked [...]