Protection of Personal Information Act (POPIA)

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Video script:

Hi, I’m Jo from [email protected] and if like to give you a brief introduction to how the POPI Act affects your website:

From 30 June 2021, the enforcement of the Protection of Personal Information Act will mean that all individuals or businesses that process the personal information of other businesses or individuals (so basically, everyone in business) must be compliant.

When it comes to company websites:

  • A mere privacy policy template found on the Internet and adapted to include your company details will, in other words, no longer be a sufficient measure to ensure full compliance.
  • Certain of the laws encompassed by the POPI Act not only outline which terms and conditions and other information need to be disclosed on your website but also:
    • how your website’s terms and conditions (Ts&Cs) must be presented; and
    • how it should be made available to the user

Whilst many websites in South Africa have had privacy notices in the past, the need for these and what they say has become clearer with the POPI Act.

Practical implementation on your website forms will include (but not be limited to):

  • Identify the data subject (the person or business information you are collecting data from);
  • Identify the responsible party (the person or business collecting or processing the data) and provide their contact details;
  • The data subject must expressly select to opt-in to receive direct marketing (which means no pre-selected checkboxes with “I want your newsletter”, or “tell me more’’) will be allowed:
  • The option to unsubscribe from a database is essential;
  • For sensitive information, both the responsible party and the data subject must sign.

To ensure full website compliance to POPI, we are advising our clients to make use of a legal advisory firm that specialises in privacy compliance.

One such firm is Legalese (www.legalese.co.za/data-privacy-processing-service/).

Alternatively, you can look into cost-effective self-help solutions, such as iubenda.com or Complianz.io that offer tools like:

  • Cookie Notices
  • Legal Pages
  • Integrations
  • Records of Consent, and more.

which comply with the Privacy Policy Acts of the European Union, United States, Canada, and the United Kingdom.

Please get in touch if you would like to integrate this to your website, or if you have any other questions: [email protected]