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be corrected or deleted in circumstances where such information has become
outdated, is not accurate, is incomplete, misleading, or excessive, if it has not
been obtained by lawful means, or if the responsible party is no longer entitled
to retain the information.
In terms of POPI responsible parties are obliged to provide access to personal
information of a data subject only to that data subject, unless the data subject
consents otherwise, and may require adequate proof of the identity of the data
subject prior to them receiving access to their personal information. Responsible
Commercial timeframe and tender proof that the request had been complied with.
parties should comply with such a request within a reasonably practicable

As POPI will apply to your business, it is correct that you provided access to the
personal information. This does not mean that such access should be blanket,
and our advice would be to consider having a clear data privacy and access
policy drafted for your business in terms of which you can in future deal with
such requests for information.

The liability of company directors

Damian Viviers
September 2018

“A friend of mine has a good business concept and he has asked me to come
on board as a partner. He wants to set up a company and make both of us
directors in the company. I want to be part of the business but I’m not sure
about being a director and what my liability may be?”

A company is a reliable and well-known vehicle to use for a business. That said,
many company directors are not always aware of the nature and scope of their
duties as directors and their liability should these duties not be complied with.

A director of a company is a member of the board of directors of the company.
The board is responsible for the management of the affairs of a company and
must exercise all of the powers and perform all of the functions of the company,
in accordance with the Companies Act 71 of 2008 (the “Companies Act”) and
the company’s Memorandum of Incorporation (“MOI”).
Directors must comply with the various duties they have in terms of the
Companies Act, failure of which could expose them to potential liability.
The approach adopted by the Companies Act is that directors who fail to
comply with their duties should be held personally liable for losses incurred
by the company.

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