ARTICLE
29 July 2021

POPIA Is Effective!

SI
SchoemanLaw Inc.

Contributor

SchoemanLaw Inc. logo
SchoemanLaw Inc Attorneys, Conveyancers and Notaries Public, based in Cape Town, is a boutique law firm offering its clients access to high quality online legal documents and agreements, together with a wide range of legal services. The firm has an innovative and entrepreneurial mind-set that distinguishes it from other law firms. We apply our first-hand understanding of the challenges facing entrepreneurs (regardless of their business size) to develop proven, practical solutions incorporating legal compliance, risk aversion and business sense. We achieve this by offering clients tailored, yet holistic support comprising of legal gap analysis, the construction of tailored legal solutions and the practical implementation thereof through training and automation.
On the topic of POPIA becoming effective, all of us should ask ourselves one key question: would we take it upon ourselves to dig into a colleague or client's purse and help ourselves? No, we would not!
South Africa Privacy

On the topic of POPIA becoming effective, all of us should ask ourselves one key question: would we take it upon ourselves to dig into a colleague or client's purse and help ourselves? No, we would not!

Why do we not see data and personal information in the same light?

At SchoemanLaw Inc we have been ISO 27001: 2013 compliant for over 2 years. This is a high international standard set for data and information security. Nonetheless, we have engaged all suppliers to our business to ensure that all of them are and remain compliant, given the effective date of the Protection of Personal Information Act. We continue to maintain the most absolute confidence and privacy in serving our clients. If you are not aware of our online Privacy Policies, please do read it.

We only collect information from clients and potential clients in order to conduct your legal work. A list of the information we collect can be found in our privacy policy mentioned above, as well as in our Mandate and Fee Agreement.

Your data and confidence is our greatest concern and therefore we continue to stay informed of the latest best practices and security measures so that you can rest assured your information is safe in our hands.

What does POPIA mean for you? What should you do in the maze of misinformation?

  1. Ensure that you have registered your information officer and deputy officer. This person will be responsible and accountable to ensure compliance. Until the online portal is working, we recommend completing this form (ie Annexures A, B and C) and send it to the address contained in clause 13 of this document (ie vie email and registered post): https://www.justice.gov.za/inforeg/docs/InfoRegSA-GuidanceNote-IO-DIO-20210401.pdf
  2. We recommend and can support you in refining / creating the necessary structures that ensure compliance:
    1. Compile or align your PAIA manual to POPIA and file it (same process as listed in 1 above)
    2. Review and update your Website Terms, Conditions and Privacy Policies
    3. Engage Suppliers and Customers with POPIA in mind (this could entail implementing an agreement/undertaking or consent for all stakeholders in addition to alignment with your current terms of service)
    4. Review and update your Recruitment and Human Resources Policies and Procedures
    5. Train your staff

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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