Protection of Personal Information Act
What you need to know
POPIA is a data protection law that was enacted in South Africa to regulate the collection, use, and processing of personal information by organizations.
POPIA also grants certain rights to individuals, including the right to be informed, the right of access, the right to rectification, the right to object, the right to erasure or destruction, and the right to complain to the Information Regulator.
POPIA imposes organizations to obtain consent for processing personal information, implement appropriate security measures, notify individuals in the event of data breaches, and ensure that personal information is processed in accordance with the law.
POPIA applies not only to organizations based in South Africa, but also to organizations that process personal information of individuals located there?
POPIA protects children's personal information too and requires organizations to obtain parental consent?
POPIA empowers individuals with data subject rights? POPIA grants individuals greater control over their personal information, including the right to be informed, the right to access their personal information, the right to object to processing, among others.
POPIA imposes significant fines for non-compliance? Organizations that fail to comply can face fines of up to ZAR $10 million (USD $700,000) or 10% of their annual turnover.
POPIA promotes the appointment of data protection officers? POPIA requires organizations to appoint a dedicated data protection officer (DPO) responsible for ensuring compliance with the law and promoting accountability in the handling of personal information.
Key Benefits of comforte’s POPIA Compliance services
The comforte Data Security Platform provides data discovery, classification and protection capabilities to help you:
FAQs on POPIA Compliance
What is the POPI Act?
The POPI Act or POPIA (Protection of Personal Information Act) is a comprehensive data protection law enacted in South Africa to regulate the processing and safeguard the privacy of personal information. The law aims to promote the responsible and lawful use of personal data and grants individuals greater control over how their information is collected, processed, and shared.
Who does POPIA apply to?
POPIA applies to responsible parties, which are organizations or entities that collect, process, and store personal information of South African citizens, as well as any data subjects whose information is processed within the borders of South Africa. It applies to both private and public sector organizations, irrespective of their size or nature of operations.
Why comply with POPIA?
POPIA compliance is crucial for businesses to avoid penalties and legal consequences. Non-compliance can result in severe fines, sanctions, and even imprisonment for certain offenses. By adhering to POPIA's principles, companies can foster customer trust, maintain a positive reputation, and demonstrate their commitment to respecting individuals' privacy rights.
How to be POPIA compliant?
To achieve POPIA compliance, organizations need to review and update their data protection policies and practices. They must ensure that personal data is collected lawfully and used for legitimate purposes. Consent must be obtained from individuals for processing their data, and data subjects should be informed about the purpose and scope of data processing.
How long can businesses retain personal information under POPIA?
Unlike some data protection laws, such as the GDPR, the POPIA does not specify a fixed retention period for personal information. Instead, businesses should retain data only for as long as necessary to achieve the purpose for which it was collected. It is essential to have a clear retention policy in place and securely dispose of data once it is no longer needed.
What is the difference between POPIA and GDPR?
While both POPIA and GDPR share similar objectives of protecting personal data, ensuring transparency, and empowering individuals with data subject rights, they have distinct differences in their scope, territorial reach, and certain requirements. One key difference is that POPIA applies only to the processing of personal information, while GDPR applies to the processing of any personal data, including personal information.
POPIA compliance is essential for any business. If you would like to learn more about our POPIA compliance services, please feel free to get in touch with our experts who would be happy to discuss solutions.