Commercial Law

 

 

Yes, if your business: 1) offers goods or services to individuals in the European Union (EU), or 2) monitors the behavior of individuals within the EU (e.g., through website tracking). In such cases, you must comply with both POPIA and GDPR.

Responsible Parties must implement appropriate, reasonable, technical, and organizational measures to prevent unauthorized access or loss of personal data. This includes secure passwords, encryption, firewalls, and staff training.

Non-compliance can result in severe consequences, including:

  • Fines: Up to R10 million under POPIA.
  • Imprisonment: Up to 10 years for certain offenses.
  • Reputational Damage: Loss of customer trust and public credibility.
  • Civil Claims: Data subjects may institute legal proceedings for damages.

Under POPIA and GDPR, valid consent must be voluntary, specific, informed, and an unambiguous indication by the data subject. It cannot be bundled with terms and conditions, and a clear opt-in mechanism is generally required.

Personal information is any information that relates to an identifiable, living natural person, and, importantly, an identifiable existing juristic person (like a company or a trust). This includes names, ID numbers, contact details, employee information, and financial data.
 

Show more FAQs in Category

Data Protection and Privacy 

Data Privacy is Your Business's New Bottom Line - Navigate the Digital Minefield with VDM Attorneys

In today’s digital economy, where every business—from a start-up to a major corporation—collects, stores, and uses personal data, data protection is no longer a mere compliance checkbox. It is a mission-critical mandate that directly impacts your brand's reputation, consumer trust, and financial stability.

The reality is that privacy laws are continually evolving, differing dramatically across jurisdictions (from South Africa's POPIA to Europe's GDPR), and are enforced with increasing severity. Failure to safeguard personal data leads to severe legal consequences, irreversible reputational damage, and the loss of consumer confidence.

What is Data Privacy and Protection

In short, Data Privacy defines who should have access to the data, while Data Protection provides the tools and rules to ensure only authorized parties can access and use it, thereby respecting the individual's right to privacy.

The Urgent Need for Expert Data Protection Guidance

You must move beyond basic awareness to implement a robust, customized defense. VDM Attorneys provides the in-depth knowledge and professional experience required to navigate this global regulatory minefield:

  • POPIA Compliance is Mandatory: The Protection of Personal Information Act (POPIA) is fully in force in South Africa, setting mandatory mechanisms and procedures for the lawful processing of personal information. Whether you are dealing with employee data, supplier records, or client information, expert guidance is non-negotiable.
  • Global Data Flows Demand Vigilance: The need for compliance extends beyond South African borders. With global trade initiatives and new policies (like the proposed National Data and Cloud Policy), cross-border data transfers must be meticulously managed to ensure compliance with POPIA, GDPR, and other international standards.
  • Mitigate Catastrophic Risk: The financial penalties and reputational fallout from data breaches or non-compliance can be catastrophic. Our service is designed to proactively mitigate these risks and ensure your data practices unlock the value of your information while maintaining its integrity.

Would you like VDM Attorneys to assist your business with a POPIA/GDPR compliance audit or draft the necessary legal documents, like your Privacy Policy?

VDM Attorneys - Your Dedicated Data Protection Partner

Our dedicated Data Protection and Privacy Law Department specializes in delivering customized, practical solutions that align your business operations with the strictest regulatory requirements.

Why partner with VDM Attorneys?

  • Local & Global Expertise: We possess deep, current knowledge of POPIA and the Promotion of Access to Information Act (PAIA), coupled with experience advising on international laws like the GDPR and guiding cross-border data transfer agreements.
  • Risk-Focused & Practical: We don't just draft policies; we provide practical, tailored strategies to ensure full legal compliance in your day-to-day processing of employee, supplier, and client personal information.
  • Comprehensive Digital Integrity Support: Our services cover the full lifecycle of data compliance and security.

Our Core Data Privacy and Protection Services Include

  • Compliance Strategy & Auditing:
    • Conducting POPIA Impact and Risk Assessments to identify vulnerabilities.
    • Drafting comprehensive POPIA recommendation reports for risk mitigation.
    • Developing customised security and privacy policies for your organisation and your website.
  • Documentation & Governance:
    • Drafting and updating commercial contracts for POPIA compliance.
    • Developing the mandatory POPIA and PAIA Manuals.
    • Assisting with the registration of your Information Officer and Deputy Information Officer with the Information Regulator.
  •  Education:
    • Providing tailored POPIA training
    • Cybersecurity & Transactional Support:
    • Developing and negotiating cybersecurity and privacy contracts.
    • Ensuring data privacy and security compliance during mergers and acquisitions.
    • Offering expert support throughout internal investigations of data breaches and advising on securing and recovering data.
  • Regulatory & Litigation Support:
    • Providing data security, privacy, and technology regulatory response and litigation services.
    • Assisting you in dealing with complaints referred to the Information Regulator.

Ready to transform data compliance from a liability into a competitive advantage?

Would you like to schedule a confidential consultation with one of our data privacy specialists to discuss your organisation's POPIA and GDPR compliance needs? Contact VDM today!