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Filter: POPIA
#HumanRights: Protecting medical privacy under POPIA

20 March 2025,  Sharne Losper

This article examines the legal and ethical issues surrounding a next of kin’s right to access a patient’s medical information... when the patient is unable to consent due to illness or incapacity.

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61
Article
New rules: will we say goodbye to unwanted direct marketing?

27 February 2025,  Dr Damian Viviers

The Minister of Trade, Industry and Competition published draft amendments to Regulation 4 of the Consumer Protection Act 68 of... 2008 (“CPA”) for comment late in 2024. The amendments relate to direct marketing communications in South Africa providing for an opt-out registry as well as a pre-emptive block on direct marketing. In this article, we highlight some of the proposed amendments and how this may be a game changer for consumers and direct marketers.

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763
Article
Personal device use - a red flag for cybersecurity

01 May 2024,  Dr Damian Viviers, Mark le Riche

With Covid-19 having fast-tracked the remote and hybrid working model in many businesses, these flexible methods of work have also... increased the scope for employees to use their personal devices to work and remain engaged with their clients and employer. As beneficial as this is for employees and employers, it is not without risk. In this article, we look at personal device use and the potential impact this may have on the cybersecurity environment of a business.

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799
Article
Don’t forget about POPIA when using WhatsApp for business communication

23 August 2022,  André van Niekerk, Dr Damian Viviers

More and more businesses are migrating their client communication and marketing efforts towards platforms such as WhatsApp. But take note,... there are some legal considerations and risks you should be aware of when doing so.

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8497
Article
Is online shopping really the Wild, Wild West?

23 May 2022,  Luhann Prinsloo

Most South Africans would agree that online transacting has become a highly preferable option for most consumers - an even... expected option. That said, even if only a fleeting thought, a consumer cannot be blamed for wondering how safe all this online transacting is and what really protects us from being taken for a ride when shopping online.

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1638
Article
Is your business ready to act should a data breach happen?

13 April 2022,  André van Niekerk, Dr Damian Viviers

More and more clients are asking about data breaches and what they must do to respond to a data breach. The... media attention on high profile cyber-attacks and data leakages and growing consumer awareness of their right to privacy is fueling business paranoia about data security and the risk of data breaches, and rightly so, as the reputational risk alone can be devastating for a business. This article can help as we cover the basics about data breaches in the South African landscape. 

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2660
Article
The legal consequences for a business after a cyber-attack

30 March 2022,  Luhann Prinsloo

You have an online store through which you sell products. Although you have taken precautions, the risk of a cyber-attack... remains a concern as you hear about more and more businesses that suffer attacks. Apart from the reputational risk which could be massive, you also wonder about legal consequences when you consider the impact of data protection legislation.

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5660
Article
CCTV cameras in the workplace? Allowed or not?

14 September 2021,  Eldon Ward

We have had a spate of thefts in our business over the last few months. Yet none of our employees... ever see anything or know anything, which have us thinking that the thefts may be wider than just one or two employees. We are considering installing CCTV cameras to monitor the situation and also prevent further thefts, but are unsure about the rules for monitoring employees with CCTV cameras and also using such footage should we pick up misconduct. Can you maybe advise on how we should go about this?

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1217
Article
POPIA and remote working employees

14 September 2021,  Dr Damian Viviers

I’m the owner of a small financial services firm. With Covid-19, like many businesses, we enabled staff to work from... home. The arrangement is working well and we are contemplating retaining the option of remote work for some of our staff. Is there anything specific we need to do from a POPIA perspective in respect of such remote working staff?

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1358
Article
What’s Up with POPIA and WhatsApp groups?

10 August 2021

I’m an administrator for a number of social WhatsApp groups that share information about neighbourhood safety and security, school lift... clubs for our children, sporting activities, etc. I also belong to a number of other WhatsApp groups and have noticed that some of the group administrators have sent lengthy POPIA consent notices. Is this really necessary under POPIA and will I also have to do this for the WhatsApp groups that I administer?

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1359
Article
Your privacy is important to us

14 July 2021,  Jan Berry

We are compliant with POPIA and take your privacy and the protection of your personal information very seriously and are... committed to managing your personal information in accordance with POPIA so that you can continue to engage with us in confidence. 

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1098
Article
The impact of the new Cybercrimes Act on businesses

14 July 2021,  Nanette Janse van Rensburg

My business operates in the electronic communications sector and I’m a little concerned as to what the new Cybercrimes Act... will mean for us and how it can affect my business. Can you shed any light on this?

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1171
Article

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