Legal updates and opinions
News / News
What now? POPI is at your front door.
by Ahmore Burger-Smidt, Director and Head of the Data Privacy Practice
Questions in relation to POPI compliance are indeed ample. Various companies wish to understand what to do immediately and how do they achieve POPI compliance. What are the easy steps and processes to undertake? All this can easily mean that companies are lulled into an assumption that POPI calls for a “set it and forget it” proposition. This is understandable: policies, terms and conditions, disclaimers, all are written and often forgotten when it comes to compliance with legislation.
With all of the eagerness to understand what the next steps are, comes various myths that are bantered around and which ought to be addressed.
The major myths when it comes to internalising POPI, can be depicted as follows:

When it comes to protecting privacy, individual customer information, data, reputation, the situation is complex. Do not be tempted by simplicity as it is indeed so seductive that one can easily forget that focus is required when considering the Protection of Personal Information Act, 2013 and it impact on your business.
Identify the myth and introduce reality when considering POPI and the way forward.
For information on the Werksmans POPI e-learning course, click here.
Latest News
Raging against the machine
and Thembelihle Tshabalala, Candidate Attorney, The meteoric rise of artificial intelligence (AI) is generating infinite possibilities and particularly so [...]
Additional obligations on accountable institutions
Following on the recent amendments to the Financial Intelligence Centre Act, 38 of 2001 ("FICA") and most notably, the [...]
The proper interpretation of conflicting provisions in the Income Tax Act
and Luke Magerman, Candidate Attorney A recent tax court judgment added valuable jurisprudence to the often-litigated issue of the interpretation [...]
What is the relevance of s 52 of the MPRDA on retrenchments in terms of section 189 and 189A in the mining industry?
In National Union of Mineworkers v Anglo American Platinum Ltd & others (Amplats), on 15 January 2013, Amplats had [...]
Renewable energy tax incentives
and Luke Magerman, Candidate Attorney The draft legislation to give effect to the two renewable energy tax incentives announced in [...]
Breaking the Chains: the Case of Ndwandwe v Trustees of Transnet Retirement Fund and others – A not-so-friendly reminder that a pension fund is not bound by a nomination form
and Karabo Kekana, Candidate Attorney The recent decision of Ndwandwe v Trustees of Transnet Retirement Fund and others[1] (the Ndwandwe [...]
