POPIA is the South African Protection of Personal Information Act, which took effect in 2021. While the law is very similar to Europe’s GDPR and Brazil’s LGPD, there are some distinct differences to note relative to how your website collects and stores personal information from people in South Africa. The law’s purpose is to regulate the processing of personal information and protect the privacy of individuals, ensuring that personal data is processed in a fair and transparent way.
POPIA requires organizations to ensure:
User consent:
Individuals must give clear, unambiguous consent before their data can be processed
Data security:
Implement measures to protect data from unauthorized access
Data minimization:
Only collect the data necessary to do the stated task
Purpose specification:
Data may only be collected and used for specific, explicitly stated activities
Openness:
Provide clear information given to data subjects about how their information is used
Accuracy:
Data must be accurate and kept up to date; consumers have the right to correct inaccurate personal information
Lawful processing:
Personal information must be processed in accordance with the law
Privacy Policy:
A clear, comprehensive privacy policy is required for businesses to be in compliance
Accountability:
Businesses are completely responsible for ensuring compliance
POPIA requires compliance if an organization is domiciled in South Africa, or if the business – regardless of geography – processes the personal information of South Africans or in South Africa.
POPIA grants consumers the following rights, among others:
Request access to their personal data
Rectify inaccuracies in their data
Request the deletion of their personal data, with certain exceptions
Opt out of the processing of their personal data for targeted advertising, the sale of their data, or for profiling
Withdraw consent at any time
Object to processing of their data, especially for direct marketing or automated decision-making
Lodge complaints with the Information Regulator and initiative civil proceedings
POPIA requires websites to obtain user consent before using cookies. While POPIA doesn't explicitly mention cookies, it does define personal information broadly, meaning that cookies can be used to personally identify individuals. As such, websites need to provide clear information about their cookie usage and obtain explicit consent, often through a cookie banner or notice, before deploying cookies.
Penalties for POPIA violations can be quite severe. Fines are one penalty, ranging from 1 to 10 million ZAR (about 50,000 – 550,000 USD), but imprisonment is another. Offenders can go to prison for up to ten years for serious offenses, such as obstructing the Information Regulator or for making false statements under oath.
Businesses can also take additional steps to ensure compliance and a consent-first mindset:
Conduct data audits:
Review current data practices to ensure alignment with POPIA requirements
Update privacy policies:
Review and revise privacy notices to make data practices, consumer rights, and how to exercise those rights clear to consumers
Implement consent management:
Control cookie consent and oversight with a comprehensive consent management platform like CookieHub
Employee training:
Ensure that employees understand the importance of data privacy and POPIA compliance through dedicated education programs
POPIA imposes some of the strictest penalties for non-compliance, making it imperative for organizations doing business in South Africa to adopt a comprehensive and flexible consent management platform (CMP) like CookieHub.
Ensure your data collection practices are in full compliance with POPIA with a comprehensive consent management platform.
POPIA governs the processing of personal information by public and private bodies in South Africa. It aims to protect individuals’ privacy by regulating how personal data is collected, stored, used, and shared, ensuring responsible handling of personal information.
Personal data refers to any information that can identify a living individual, either directly or indirectly. This includes details like names, contact information, identity numbers, and any other information linked to a person.
Sensitive data under POPIA includes personal information that reveals a person's racial or ethnic origin, religious beliefs, political opinions, health information, sexual orientation, or biometric data. This type of information requires extra protection due to its sensitive nature.
The Information Regulator of South Africa is the official authority responsible for enforcing POPIA. They oversee compliance, investigate complaints, and provide guidance on data protection matters.
Certain organizations and information types are exempt, such as the processing of personal information by the judiciary for judicial purposes or by certain law enforcement agencies when acting under specific laws. However, most public and private entities must comply with POPIA.
More details can be found on the official Information Regulator website or by consulting legal authorities specializing in South African data protection laws.
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