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We refer to our correspondences relating to POPIA (The Protection of Personal Information Act). We would like to stress that compliance with POPIA applies to all persons who process personal information in South Africa and applies to automated and non–automated information gathering which will form part of a filing system (both manual and electronic) or is intended to do so.
The scope of application of the POPIA is broad and applies to every public and private body if they process personal information in South Africa and includes, for example, profit and non–profit companies, sole–proprietors, partnerships, trusts, SME’s, large corporations, government entities,
foreign companies, insurers (responsible parties), and any person, business, or entity that processes personal information on behalf of a responsible party and in terms of a contract or mandate, without coming under the direct authority of that party (operators).
Responsible parties must be fully compliant with the provisions of POPIA by 30 June 2021 and ensure that the internal business processes, policies, and practices are in line with the provisions of POPIA as compliance is mandatory.
POPIA requires every responsible party to nominate and appoint an Information Officer who is responsible for the implementation of POPIA and who ensures that the responsible party remains compliant with the Act.
Under the PAIA (the Promotion of Access to Information Act), the head of each organisation is automatically assigned the position of Information Officer. While the role of the Information Officer has expanded under POPIA, the Information Officer is required to be appointed with the Information Regulator from 1 May 2021. The company may also appoint as many Deputy Information Officers to assist the Information Officer.
If you have not yet attended to the development of a POPIA implementation and compliance framework to ensure that your business complies with POPIA, you should act now.
Every business is unique in its functioning and operations and therefore has different needs when it comes to POPIA implementation. With this in mind, we are able to refer you to an alliance partner who has assisted us with our own tailored POPIA implementation.
Please contact us for assistance before you run out of time!
