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The use of Broad-Based Black Economic Empowerment (“BBBEE”) criteria for government relief funds in the COVID-19 crisis
An analysis of the Solidarity/Afriforum case involving the Tourism Relief Fund for small micro and medium sized enterprises (“SMMES”) By Pieter Steyn, Director The serious negative [...]
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 you were being watched at any [...]
As little as possible infringement? Is this the case when thinking about the right to privacy in South Africa?
by Ahmore Burger-Smidt, Director and Head of the Data Privacy practice A year back there would have been a massive outcry if anyone contemplated for governments [...]
The protection of privacy and personal information. How much personal information will be enough?
One Covid-19. So many tracing apps to locate individuals. "Your recently announced project to respond to COVID–19 by tracking when and where Americans interact with each [...]
Not Today, April fool Protection of Personal Information – South Africa falling further and further behind
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice Group, Werksmans Attorneys and Dale Adams, Candidate Attorney With everyone getting to grips with the lock-down [...]
When darkness comes, evil goes phishing….
By Ahmore Burger-Smidt, Head of Data Privacy Practice Let us not doubt the fact that cybercriminals are looking to exploit the spread of Coronavirus to conduct [...]
Home sweet home…. But do you know who is lurking in your space?
By Ahmore Burger-Smidt, Head of Data Privacy practice The concept of the home through the ages has been considered as a metaphor for a safe place, [...]
The long road to the protection of personal information – No April Fool’s Joke
The Protection of Personal Information Bill was first tabled 12 years ago, in 2009. It was signed into law in 2013, but very few provisions in [...]
Questioning the BBBEE commission’s approach to public benefit organisations in BBBEE ownership structures
By Pieter Steyn, Director A Public Benefit Organisation ("PBO") is defined in the Income Tax Act as a non‑profit company or a trust which has been [...]
Business must protect the data of all South Africans
If your business has met all the requirements of European data privacy regulations, do you then also comply with South Africa’s Protection of Personal Information Act [...]
Civil damages or even class action suits a possibility for companies failing to protect customer data
by Ahmore Burger-Smidt, Head of Data Privacy Practice Companies that fail to protect their customers’ personal information may face class action suits once the Protection of [...]
POPIA and RICA – ACRONYMS AND PRIVACY
By Ahmore Burger-Smidt, Head of Data Privacy Practice In digital era, privacy must be a priority. Is it just me, or is secret blanket surveillance obscenely [...]
The major cyber security risks to your business
by Ahmore Burger-Smidt, Head of Data Privacy Practice Online security is one of the most important things to consider in today’s business world. Much is made [...]
Average data breach costs SA companies R50m
With data breaches becoming commonplace it seems as if businesses need to now consider not whether they will be victims of a data breach but rather [...]
ARE YOUR CONTRACTS WITH SUPPLIERS / CONTRACTORS SUFFICIENT TO ENSURE COMPLIANCE WITH POPIA?
By Tebogo Sibidla, Director and Kirsten Whitworth, Senior Associate In anticipation of the coming into operation of the Protection of Personal Information Act, 2013 ("POPIA"), many [...]
BBBEE Commission Makes Finding Against The MTN Zakhele Futhi Scheme
By Pieter Steyn, Director The Broad‑Based Black Economic Empowerment (BBBEE) Commission has published its findings and recommendations following its investigation of the MTN Zakhele Futhi Scheme. [...]
BBBEE Commission Makes Findings Against Eskom
By Pieter Steyn, Director On 11 June 2019, the Broad‑Based Black Economic Empowerment (BBBEE) Commission published its findings and recommendations following an anonymous complaint relating to Eskom's [...]
Significant Changes Made To The Codes Of Good Practice On Broad-based Black Economic Empowerment
By Pieter Steyn, Director On 31 May 2019, the Minister of Trade and Industry replaced the existing Codes of Good Practice relating to enterprise and supplier development, [...]
Broad-based trusts – is the BBBEE commission moving the goal posts or simply applying the law?
By Pieter Steyn, Director Recent statements by the Commissioner of the Broad-Based Black Economic Empowerment ("BBBEE") Commission, Ms Zodwa Ntuli, have resulted in much media attention [...]
You don’t want to be counted as a victim!
By Ahmore Burger-Smidt, Director, Head of Data Privacy Practice, Werksmans Advisory Services (Pty) Ltd HOW DO THEY PHISH? DATA BREACHES AND DATA SECURITY The loss of [...]
What does the protection of personal information act, 2013 mean for south African elections?
by Ahmore Burger-Smidt, Head of Data Privacy Practice and Mahlogonolo Motimele, Candidate Attorney A CLOSER LOOK AT THE VOTERS ROLL POPIA applies to the processing of [...]
When machines make decisions: Understanding the impact of the protection of personal information act, 2013 (“Popia”)
Companies, when obtaining and processing personal information must not mislead and must also provide certain information to the individual data subjects. The data protection regime in [...]
Long road to data protection
On 14 December 2018, the Regulations relating to the Protection of Personal Information were finally published by the Information Regulator ("Regulator") under section 112(2) of the Protection [...]
Direct marketing: the wild west to be tamed by POPIA
by Ahmore Burger-Smidt, Head of Data Privacy Practice The POPIA[1] centres around eight Conditions detailing how personal information should be handled while regard is given to [...]
Dawn raid in a box
A dawn raid can be carried out on any business, big or small, and companies must be mindful of the possibility of a raid. It is [...]
