The Information Regulator recently published its Guidance Note on Direct Marketing (“Guidance Note”), providing clarity on how personal information can be lawfully processed under the Protection of Personal Information Act (“POPIA”). The Guidance Note offers actionable steps for organizations to align their marketing practices with these principles, fostering responsible marketing that complies with both the
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Protecting Children’s Privacy Under POPIA: Insights from South Africa’s 2023 High School Results Case
South Africa’s Protection of Personal Information Act (“POPIA”) imposes strict requirements on processing personal information, especially that of children. Under South African law, a child is a natural person under the age of 18. Recent enforcement action against the Department of Basic Education (“DBE’) highlights the importance of obtaining parental consent and using privacy-respecting methods
Africa Technology Regulatory Update: Adoption of the AfCFTA Protocol on Digital Trade
What has happened?
The African Continental Free Trade Area (“AfCFTA”) has emerged as a pivotal opportunity that will set the framework for future trade across Africa. Amid the prospects, one of the challenges has been the fragmented and diverse regulatory environment, coupled with regulators adopting policies that are not conducive for multinationals to make investments
Tech Regulation in Africa: Recently Enacted Data Protection Laws
There has been a substantial increase in the use of the Internet across the African continent, aided by ongoing investment into local digital infrastructure, reduction in the associated costs, and improved user access. This has allowed both individuals, and private and public entities, the ability to access, collect, process and/or disseminate personal data more easily,
Overview of South Africa’s Draft National Data and Cloud Policy
If there is a silver lining to most crises, the accelerated move toward digitized commerce globally and in Africa may be one positive outcome of the COVID-enforced lockdown. It is welcome news there that the South African Minister of Communications and Digital Technologies (“Minister”) published the Draft National Data and Cloud Policy (in Government Gazette
Top Issues to Watch in Africa: 2021
Can African governments head off a sustained spike in the spread of COVID-19 and recover economically in 2021? How will the Biden administration engage the continent? Will companies implement more effective due diligence efforts in their supply chains to prevent human rights abuses? What impact will efforts to battle corruption and mitigate climate change have
African governments ease COVID-19 restrictions and reopen economies
A growing number of African countries have begun to ease COVID-19 related regulatory restrictions. Some countries, such as Kenya, Rwanda, and Senegal resumed international flights in August, while other countries like South Africa and Nigeria are only now opening their borders. For a continent that slipped into recession for the first time in a quarter
Inside Privacy Audiocast: Episode 5 – View From Johannesburg Part I: GDPR vs. POPIA – What Should Businesses Be Considering?
On June 22, 2020, the South African President announced that certain provisions of POPIA would take effect on July 1, provisions which most regard as essential to the statute, such as those imposing conditions on the lawful processing of personal information, procedures for handling complaints, and general enforcement provisions. Only days later, the South African
An Update on South Africa’s 2013 Protection of Personal Information Act
President Cyril Ramaphosa announced on June 22, 2020, that certain sections of the Protection of Personal Information Act, 2013 (Act 4 of 2013) (“POPIA”) would become effective on July 1, 2020. POPIA gives effect to the right to privacy in section 14 of the Constitution of the Republic of South Africa, 1996 (Act 108 of
South Africa Prepares to Further Ease Lockdown Restrictions
On June 17, 2020 South African President Cyril Ramaphosa announced government’s intention to further ease the lockdown restrictions imposed due to COVID-19, allowing more industries to re-open fully under stringent health and safety protocols. This announcement comes two weeks after the government de-escalated the country from Alert Level 4 to Alert Level 3 pursuant to