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POPIA CERTIFICATION

How to get your POPIA CERTIFICATION

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What is a POPIA Compliance Seal?

It is important to know why you should get your POPIA certification. The European Union’s GDPR carries fines of up to 20 million Euro or 4% of company turnover – whichever is the greater. The GDPR further imposes criminal sanctions in certain instances. Similarly, POPIA imposes fines up to R 10 million and imprisonment for wrongful and intentional POPIA contraventions.

There is no uniform standard mandating the steps required to satisfy compliance with applicable Information Privacy legislation. However,  your business is required to do what is “reasonably practicable” under the circumstances to comply with POPIA and the GDPR.

This means your business should have already taken active steps towards POPIA compliance. The best way to implement this process is to have your privacy practices reviewed by independent experts.

How to get your POPIA Certification

SwiftTechLaw provides independent expert assessments of what would be considered “reasonably practicable” steps satisfying POPIA and GDPR compliance.

Upon completion, your business will receive a seal reflecting that your organisation has completed an Information Privacy compliance review program. This will assist in mitigating your legal risks under POPIA and the GDPR. It sends a strong message to your customers and suppliers that doing business with your organisation won’t compromise the integrity of their personal information.

Technology Attorney

EVER HEARD OF A TECHNOLOGY ATTORNEY?

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Most people recognise the terms divorce attorney, conveyancer and criminal attorney, but only a few are aware of the growing need for a technology attorney. Worldwide, the evolution of technology has brought about a multitude of legal problems and South Africans are not immune to these, yet not a lot of people have ever heard of a technology attorney.

Business continues to move online and in any conversation you’ll come across the words “data privacy”, “cyber-crime”, “online retailer”, “App development” and many more.

So what exactly does a technology attorney do?

Basically – anything to do with the law and technology. Here at SwiftTechLaw we specialise in the following areas:

GRC (GOVERNANCE, RISK AND COMPLIANCE) – which includes PRIVACY LAW COMPLIANCE (POPIA & GDPR). Information privacy is a hot topic at the moment as the Information Regulator creeps closer to being established. Once this happens South African organisations will need to comply or face hefty penalties. We assist our clients with their compliance, which includes providing them with all required documentation, training and website updates.

DOMAIN NAME RIGHTS AND DISPUTES – Having a company website / online store in this day and age is becoming vital to the success of any organisation and securing your domain name is the first step. We assist with any matters relating to domain name registrations and disputes.

APP DEVELOPMENT – Have an idea for a new app? SwiftTechLaw can assist.

CRYPTOCURRENCY TRANSACTIONS – Crypto-currency investment remains the wild west of South Africa’s financial landscape. There is no cohesive regulation which restricts transactions or facilitates trade and this exposes investors to many risks. Organisations providing platforms for cryptocurrency transactions should also keep up to date with the latest regulations in order to minimise the risk for themselves and their investors. We assist by providing legal opinions and advise on how to minimise the risk of cryptocurrency transactions while the regulation thereof remains mostly unclear.

SOCIAL MEDIA RIGHTS PROTECTION / SEXTORTION / CYBERBULLYING / REVENGE PORN

START-UP / INCUBATOR ASSISTANCE – We assist start-ups with Non-disclosure Agreements, Non-compete Agreements, Registering different types of intellectual property (I.P), Contractual Terms of Business for each specific start-up, Website Privacy Policies and T&C’s, POPIA and GDPR Training.

TRADEMARK REGISTRATION – Trademark registration is a crucial first step for your start-up in order to ensure that you are able to continuously build your brand. If you decide that you don’t want to register your trademark, or that will get around to it once your company has become more established, it’s important that you understand the possible implications of not investing in the protecting of your intellectual property. Let us assist you in building your brand by with our trademark registration services.

COMMERCIAL TECHNOLOGY LAW – need to register a new company? Need assistance in the drafting of End User Licence Agreements? Software Agreements? Or Tech Deal Structuring? SwiftTechLaw provides a wide variety of legal services relating to commercial technology law.

TECHNOLOGY AND CIVIL LITIGATION – need to send a letter of demand? Don’t know what your options are in terms of legal recourse? We assist clients in settling or proceeding further with their legal disputes.

We also specialise in ARTIFICIAL INTELLIGENCE, CYBER CRIMES AND HACKING, ELECTRONIC SIGNATURES, GAMBLING AND GAMING TRANSACTIONS, CONSUMER RIGHTS AND DISPUTES.

Contact SwiftTechLaw here to assist you with your legal needs.

POPIA Compliance

POPIA COMPLIANCE: WHEN THE INFORMATION REGULATOR COMES KNOCKING

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It has been reported that the Information Regulator, Advocate Pansy Tlakula, tests call centre operators when she receives unsolicited calls by asking them where they got her number from and if they were aware that the calls they were making were illegal – scary right? Do you know what POPIA Compliance entails? Are you prepared for when the Information Regulator comes knocking?

Many organisations are taking the stance that while the Protection of Personal Information Act (POPIA) is not fully enacted, there is no need for compliance. POPIA compliance is essential as there are currently serious risks associated with non-compliance with the Act. One such consequence is reputational damage which may entail loss of revenue, clients and service providers and increased business costs.

Earlier this year MiWay Insurance came under fire when a recorded MiWay conversation with Zulu King Goodwill Zwelithini leaked to the public. The Zulu King laid a complaint and the Information Regulator issued a media statement on 12 February 2018 stating that “despite certain sections of POPIA not yet operative, the Regulator intended to proactively engage MiWay with regards to the processes and measures they have put in place to comply with the conditions for lawful processing of personal information as prescribed in POPIA”. During 2018 the Information Regulator similarly engaged with Facebook, Aggregated Payment System (Pty) Ltd and Liberty Holdings (Pty) Ltd after major data breaches involving ordinary South African’s personal information came to light.

Nothwithstanding the reputational damage these organisations may have incurred, once POPIA is fully enacted organisations face penalties of up to R10 million and/or imprisonment for a period not exceeding 10 years.

DIRECT MARKETING

A big concern for organisations is the effect POPIA will have on direct marketing. Under Section 69 of POPIA a potential customer (“prospect”) must consent before electronic direct marketing can take place. However, in order to obtain such consent a direct marketer may contact a prospect once only. If they withhold consent, the direct marketer may not contact them again. This applies unless that prospect is an existing customer who gave their personal information to the supplier in the context of a sale for the purpose of direct marketing and “has been given a reasonable opportunity to object, free of charge and in a manner free of unnecessary formality”.

Customers have the right to complain to the Information Regulator should they believe organisations are not complying with POPIA. To date more than two hundred complaints have been received. Organisations should bring their direct marketing practices in line with Section 69 as soon as possible to avoid investigations and legal sanctions. Moreover, POPIA empowers customers to institute legal proceeds against non-compliant organisations directly as an alternative to lodging complaints.

DATA BREACH

Earlier this year the Facebook data breach made headlines worldwide. It is reported that the personal information of 59 777 South African users was potentially shared with the data firm called Cambridge Analytica. To investigate the alleged breach the Information Regulator convened a meeting of various government institutions. These institutions included the South African Police Service, specifically the HAWKS, the National Prosecuting Authority (NPA), the Department of Rural Development, the National Credit Regulator and the Association of Credit Bureaus. The meeting agreed to establish a Task Team comprising of the representatives of the abovementioned institutions to ensure a multi-disciplinary approach to the investigation.

Contact SwiftTechLaw here to ensure that you are ready for when the Information Regulator comes knocking.