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Create a Compliance Management SystemIf I’m GDPR Compliant, Am I Also POPI Compliant?What Happens If You Don’t Comply: Fines and PunishmentsAre You Ready for POPI?What is POPI?POPI is shorthand for the Protection of Personal Information Act No. of Signed into law on November , , parts of the law became effective on April ,
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The rest of the law was still on the books but inactive Italy Telegram Data in It is expected to come into full force sometime in depending on when the Regulator becomes fully operational. You can find the full text of the law here.When the Act becomes formal law, it includes a grace period of months for businesses to update their systems.
However, given that it takes six M
onths to two years to implement a POPI-compliant plan, the Specific Database By Industry Marketing Information Regulator says businesses should already be preparing – even without a formal launch date.If you’re familiar with the European Union’s General Data Protection Regulation GDPR, then you can understand POPI as being South Africa’s version of European regulation.
In essence, POPI applies conditions for
The lawful processing of personal data of South Africans both EG Lists South African citizens and those living in South Africa. It includes eight general conditions and three less descript conditions.Like the GDPR, POPI makes responsible parties culpable for failures among those who process data on their behalf.
It also provides South Africans with rights regarding unsolicited electronic communications.POPI differs from other privacy laws in several ways, but the biggest difference lies in consent. POPI does not require you to get consent from data subjects before processing their data. The only case in which consent is required is when processing special types of data and the data of children.
For most South African companies, the biggest change was the introduction of restrictions for processing special types of personal information including children’s data. Marketing, healthcare, and the financial industry are among the most affected because they deal with the largest amount of personal information.Who Does POPI Apply to?Who Does POPI Apply to?POPI applies to data processors or responsible parties who are either domiciled in the Republic of South Africa or who are domiciled elsewhere but “makes use of automated or non-automated means” in South Africa.
