Legal updates and opinions
Search Author
POPIA and consent, the biggest misunderstanding?
“Sometimes you have to travel a long way to find what is near” Paulo Coelho It has been over a year since the compliance deadline of [...]
Fake news – The three sisters: Mis, Dis and Mal.
by Ahmore Burger-Smidt, Head of Data Privacy and Cybercrime Practice, and Siyabonga Galela, Candidate Attorney Fake news Introduction The Fourth Industrial Revolution (colloquially referred to as [...]
Affected persons are invited – again – to provide comments on The Code of Conduct for The Banking Association of SA
On 24 June 2022, the Information Regulator of South Africa (Information Regulator) published a notice in terms of section 61(2) of the Protection of Personal Information [...]
Can’t make head or tail of POPIA? Lessons from Sheburi V Rail Safety Regulator
The Protection of Personal Information Act 4 of 2013 The Protection of Personal Information Act 4 of 2013 ("POPIA") came into full effect on 1 July [...]
Paint-by-numbers: Competition law litigation against Google and Meta
Online Intermediation Platforms Market Inquiry Is it with bated breath that one should await the outcome of the Online Intermediation Platforms Market Inquiry conducted by the [...]
Code of conduct of the Banking Association of South Africa: What we know
Codes of conduct focused on the processing of personal information by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of the [...]
Data protection and privacy regulation: A roundup of developments in Africa in 2021
Data protection, cybercrimes and/or cybersecurity laws The increase in internet penetration in Africa has made it easier to collect, use and share large quantities of personal [...]
The metaverse and data privacy: Will regulation keep up?
What is the metaverse? On 28 October 2021, Facebook Inc.'s chief executive officer Mark Zuckerberg announced the rebranding of his company to Meta. More importantly though, [...]
The PAIA and POPIA dichotomy: What information are you requesting?
Promotion of Access to Information Act, 2 of 2000 We have received numerous queries from clients seeking advice on attending to requests in terms of the [...]
Data protection impact assessment required despite “Might of the State”
Kenyan High Court Introduction On 14 October 2021, the Kenyan High Court declared the collection of biometric information and the rollout of the country's digital ID [...]
Your Actions in Cyberspace can Land You in Prison!
Cybercrimes Act, 19 of 2020 By proclamation in the Gazette, President Cyril Ramaphosa has fixed 1 December 2021 as the date on which certain sections of the [...]
Finally, my little eye spies a PAIA Guide!
Promotion of Access to Information Act 2 of 2000 The 28th of September was declared by UNESCO in 2019, as The International Day for Universal Access [...]
Notification of data breaches… setting the record straight
Report data breaches "We reminded them of their duty to report any breach in data security to us. The report they sent us was very general [...]
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 [...]
