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Data Protection (POPI) (GDPR) Law

POPI: What is it and Does it Apply to Your Business?

Every time you use a service, buy a product online, go to your doctor, pay your taxes, or enter into any contract or service request, you are required hand over some of your Personal Information. Even without your knowledge, information about you is being generated and processed by companies that you may have never interacted […]

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Processing of Personal Information under POPI: A Snapshot

The fundamental activity underpinning the Protection of Personal Information Act, 2013 (‘POPI’ or ‘the Act’) is the processing of personal information. The Act’s very purpose is the protection of personal information processed by private and public bodies. POPI contains many similarities to the UK Data Protection Act, 1998 (DPA) and it is likely that authorities

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The Franchise Industry Code of Conduct: An Overview

The draft Franchise Industry Code of Conduct of South Africa (Code) was published for public comment on 29 January 2016, in terms of the Consumer Protection Act. The Code seeks to introduce an alternative dispute resolution (ADR) mechanism for disputes between franchisors and franchisees, which will be implemented by the Franchise Industry Ombud (FIO), once

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Direct-to-consumer Genetic Tests: A Treacherous Road

Humans are curious creatures by nature. But what if information you gather about yourself is scarier than anticipated, or has such a dramatic impact on immediate family relations, your employment opportunities or insurability that it creates enormous tension? Would you still like to know? A study by the University of Michigan Health System, published in

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What is an Industry Code and Why do we Need it?

As a specialist in the Consumer Protection Act, I often hear suppliers complaining that the Act was just not written for their industry as it doesn’t accommodate their particular circumstances, customs and constraints. Section 82 of the Consumer Protection Act empowers an industry to put a code of conduct in place for the industry, which,

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Plain Language: The Need for ‘Tight’ Writing

The concept of ‘plain language’ has come to prominence with the arrival of the National Credit Act, the Consumer Protection Act and the new Companies Act. These Acts require that written communications be in plain language so that creditors, investors, employees and consumers are able to easily understand what is put in front of them,

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Consumer Protection Act: Small Business Guide

Despite the Consumer Protection Act (‘CPA’) having been in force for almost a year, many small and medium sized businesses remain unclear about the obligations imposed and rights conferred by it. This discussion attempts to highlight some of the issues most pertinent to these businesses in their roles as both suppliers and consumers.  When will

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