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2008 12 23 Dirk Willem Bouwer v City of Johannesburg and another (JA64/06) JA 64/06
2008 12 18 Arangie v the Commission for Conciliation, Mediation and Arbitration and others (D483/06) D483/06
2008 12 18 Junid Manufacturing cc v National Bargaining Council for the Clothing, Manufacturing Industry and others (D812/06) D812/06
2008 12 18 Imatu v South African Local Government Bargaining Council and others (D505/06) D505/06
2008 12 05 Netherburn Engineering CC t/a Netherburn Ceramics v Mudau NO and Another (JA 1/05) [2008] ZALAC 13 (5 December 2008) ZALAC 13
2008 11 15 Democratic Nursing Organization of South Africa and another v the Director General Department of Health and others (J2386/08) J2386/08
2008 11 12 The Member of the Executive Council for the Department of Health, Eastern Cape V Dr J P Odendaal (P504/07) P504/07
2008 09 19 Eberspächer v National Union of Metal Workers of South Africa obo Skade and Others (JA21/2007) [2008] ZALAC 11 (19 September 2008) ZALAC 11
2008 09 02 Ponties Panel Beaters Partnership v National Union of Metal Workers of South Africa (JA 43/06) [2008] ZALAC 12 (2 September 2008) ZALAC 12
2008 08 21 Dudley v City of Cape Town and Another (CA 1/05) [2008] ZALAC 10 (21 August 2008) ZALAC 10
2008 06 20 Shoprite Checkers (Pty) Ltd v Commission For Conciliation, Mediation and Arbitration and Others (JA 08/2004) [2008] ZALAC 9 (20 June 2008) ZALAC 9
2008 06 20 Amazwi Power Products (Pty) Ltd v Turnbull (JA 14/07) [2008] ZALAC 8 (20 June 2008) ZALAC 8
2008 06 05 Sondolo IT (Pty) Ltd V Gordon Howes and others (JR3217/06) JR3217/06
2008 05 19 Crouse N.O and Another v Workers Union of South Africa (CA1/2006) [2008] ZALAC 5 (19 May 2008) ZALAC 5
2008 05 19 Continental Tyre SA (Pty) Ltd v National Union of Metal Workers of South Africa (P301/05; PA2/06) [2008] ZALAC 4 (19 May 2008) ZALAC 4
2008 05 12 South African Rugby Players Association (SAPRA) and Others v SA Rugby (Pty) Limited and Others; SA Rugby Pty Limited v South African Rugby Players Union and Another (CA 10/2005) [2008] ZALAC 3 (12 May 2008) ZALAC 3
2008 05 09 Boxer Superstores (Pty) Limited v Zuma and Others (DA6/2007) [2008] ZALAC 7 (9 May 2008) ZALAC 7
2008 05 08 Ellerine Holding Limited v Commission For Conciliation, Mediation and Arbitration and Others (JA22/2005) [2008] ZALAC 6 (8 May 2008) ZALAC 6
2008 04 18 Maepe v Commissin for Conciliation, Mediation and Arbitration and Another (JA 48/04) [2008] ZALAC 2 (18 April 2008) ZALAC 2
2008 03 20                   State Information Technology Agency (SITA) (Pty) Ltd v Commission For Conciliation, Mediation and Arbitration and Others (JA 16/2006) [2008] ZALAC 1 (20 March 2008) ZALAC 1
     

 

 

What does POPI compliance mean?

By Jan du Toit

 

Latest developments – Registration of Information Officers:

 

On 17 May 2021 the Information Regulator’s long awaited online portal went live for the registration of Information and Deputy Information Officers.

 

The Information Officer of a Responsible Party is the person at the head of your company (CEO or MD) or any person acting in such capacity, or specifically appointed by the MD or CEO to be the Information Officer. Registration must be completed before the end for June 2021.

 

The address for the portal is  https://justice.gov.za/inforeg/portal.html   

 

The following information is required to successfully register: 

  • Company name.

  • Company registration number.

  • Company type.

  • Company physical and postal addresses.

  • Company telephone and fax numbers.

  • Information Officer gender, nationality, full name and surname, ID or passport number.

  • Deputy Information Officers same details as per above.

 

POPIA Compliance – what must be done?

With a little more than a month left before POPI becomes fully effective, many employers may find themselves out of time to become fully compliant to amongst other considerations, the 8 processing conditions prescribed in the Protection of Personal Information Act.

 

To be considered compliant the following must be considered and applied in the business of a Responsible Party before 1 July 2021. 

  1. POPI training / awareness sessions for the CEO / MD, managers and others tasked with the company’s POPI compliance project. Have a look on our website for the next POPIA training dates.

  2. Compliance audit to be conducted company-wide per department / division to determine the current processing practices within the organization and to establish what needs to be done to be compliant.

  3. Correction of contraventions as identified, and to introduce reasonable technical and organizational measures to prevent the loss or unauthorized access of Personal Information.

  4. Introduction of Data Subject rights and consent in the business through policies and consent clauses / paragraphs / contracts.

  5. The introduction of a PAIA manual (Promotion of Access to Information Act) that incorporates data subject rights and participation in terms of POPIA. This manual must be published on one of the company’s websites. It is also important to note that the current exemption granted by the Minister of Justice for some business to not have such a manual in place currently, expires at the end of June 2021.

  6. General staff POPI policy and legislation awareness training.

  7. Registration of the company’s Information Officer (the CEO, MD or any person acting in such position).

  8. Follow-up assessment on compliance measures and adherence thereto.

 

It is important to note that no institution, not even the Information Regulator, can “accredit” any Responsible Party in South Africa to be compliant in terms of legislation. Compliance (or otherwise) will only be determined should an investigation be launched by the Information Regulator following a complaint. Should such an investigation confirm a lack of compliance, consequences such an administrative fine not exceeding R10m may follow (which one may luckily pay off in instalments). Further to this those whose rights are infringed upon by a Responsible Party not adhering to the requirements of POPIA, may also institute civil proceedings. Such  proceedings may result in compensation being awarded for loss, as well as aggravated damages determined at the discretion of the court.

 

In terms of section 19 of the Act, the Responsible Party (business owner / employer) is required to introduce reasonable organizational and technical measures to secure the integrity and confidentiality of Personal Information. The organizational measures referred  to above includes inter alia both internal and external policies to introduce the principle of protection of personal information in the workplace, as well as the rights of data subjects.

 

To allow you more time to focus on your business, the author of this article compiled a bundle of detailed policies for your business, ready to use. This includes all relevant forms to be used and a template document with draft consent clauses / paragraphs / rules  to be incorporated into service and employment contracts, job applications, credit and other applications forms, WhatsApp and Facebook groups / pages, and Independent Contractor agreements.

 

Also included is an Operator Agreement as required in terms of section 21 of the Act and a consent letter for existing clients / service providers, to agree to the continued processing of their Personal Information beyond June 2021.

 

The policies bundle includes: 

  • Privacy notice template to be published on your website.

  • Personal information protection policy.

  • Personal information retention policy.

  • Data breach policy.

  • Data breach register - form.

  • Data breach report - form.

  • Data security policy.

  • Data subject access request policy and procedures.

  • Data subject access request forms.

  • Processing agreement with third parties as Operators - contract.

  • Data subject participation - draft consent paragraphs / clauses to be incorporated into service and employment contracts, job applications, credit and other applications forms, WhatsApp and Facebook groups / pages and Independent Contractor agreements

  • Guidelines on the appointment of deputy information officers, inclusive of appointment letter.

 

For only R3750 you can now order you set of POPI policies, ready to use. Contact Jan du Toit for further assistance at jand@labourguide.co.za

 

 

 

 

 

 

 

 

Courses and Workshops

 

                   

The OHS Act and the Responsibilities of Management

29 July 2021 (08:30 – 16:00)

Interactive Online Course

Basic Labour Relations

29 July 2021 (09:00 - 16:00) (Fully Booked)

Interactive Online Course

25 August 2021 (09:00 - 16:00)

Interactive Online Course

Employment Equity Committee Training

26 August 2021 (09:00 - 16:00)

Interactive Online Course

Compensation for Occupational Injuries and Diseases Course

26 August 2021 (08:30 - 16:00)

Interactive Online Course

POPIA: Protection of Personal Information Act

27 August 2021 (09:00 - 12:00)

Interactive Online Course

Health and Safety Representative and Committee Training Course

27 August 2021 (08:30 - 16:00)

Interactive Online Course

 

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