I often get asked: does POPIA apply to my small business? The answer is definitely yes. POPIA gives effect to section 14 of the Constitution, which provides that everyonehas the right to privacy – the right to privacy includes a right to protection against the unlawful use of personal information. POPIA sets out data protection principles and provides guidelines … Continue reading Protection of Personal Information Act (POPIA) for Small Businesses
No Monkey Business – who owns a selfie taken by an animal?
No Monkey Business – who owns a selfie taken by an animal? Naruto – a Macaque in Indonesia. The animal took this selfie with a photographer’s camera. David Slater via Wikimedia Commons Many of us see animals – and particularly domestic pets – as more than just “things”. However, in South African law, an animal … Continue reading No Monkey Business – who owns a selfie taken by an animal?
Returning Defective or Faulty Products – Consumer Protection
Returning defective or faulty products At some stage or another, we’ve all purchased goods that were defective or faulty. In the past, returning a product that didn’t quite work like the box said it would, or returning a TV that didn’t switch on meant negotiating with a supplier, providing a receipt and hoping that you … Continue reading Returning Defective or Faulty Products – Consumer Protection
Consumer Protection: Cancelling a Future Reservation, Order or Booking
Whether you are a supplier of goods or services, or a consumer entering into a transaction to receive goods or services, it is likely you will need to deal with the cancellation of an advanced reservation, order or booking at some stage. For the most part, the legal position is now regulated by section 17 … Continue reading Consumer Protection: Cancelling a Future Reservation, Order or Booking
Naming and shaming on Facebook and social media
A recent Pretoria High Court judgment has vividly illustrated the dangers of naming and shaming on Facebook. In Hechter v Benade [full judgment - PDF], decided on 5 December 2016, the court ordered the defendant to pay R350 000.00 in damages for defamation, plus legal costs and interest. The dispute centered around two neighbours, … Continue reading Naming and shaming on Facebook and social media
The State of Capture – important findings and where to next…
Former Public Protector Thuli Madonsela’s report on #StateCapture reveals deplorable conduct and shocking corruption – but where to from here? Arguably the most important part of the entire report is found towards the last of the 355 pages under the heading Remedial Action. It reads as follows: Within 30 days, a commission of enquiry must … Continue reading The State of Capture – important findings and where to next…
Interdicts and #StateCapture
A highly anticipated legal battle is underway in the North Gauteng High Court today (1 November 2016). President Jacob Zuma, Mineral Resources Minister Mosebenzi Zwane and Co-operative Governance and Traditional Affairs Minister Des van Rooyen are seeking to interdict (prevent the disclosure of) former Public Prosecutor, Thuli Madonsela’s findings on the so-called #StateCapture allegations.Briefly, State … Continue reading Interdicts and #StateCapture
Racist Posts on Social Media
Overview A recent, heinous post on social media ignited national debate about hate speech, racism, crimen injuria and the right to freedom of expression. In the subsequent debate, amongst other things, Gareth Cliff was fired as an idols judge and Jawitz Properties went to great lengths to distance itself from the racist post … Continue reading Racist Posts on Social Media
Facebook likes – to buy or not to buy?
Buying fake Facebook Likes is as easy as buying bread and milk. A simple Google search will bring up dozens of websites which promise to give you, ‘real’ or ‘active’ Facebook Likes for a fairly nominal amount. Many people and brands have been known to buy such likes, the biggest question is; WHY? Quite simply the … Continue reading Facebook likes – to buy or not to buy?
Overview of the Protection of Personal Information Act
Protection of Personal Information Act (POPI): how will it affect you?We live in an ever-increasing digital world – of that there can be no doubt. Many of us will not go one single day without checking e-mail, Facebook, Instagram, Twitter or some form of digital material. We are all leaving a digital footprint; and our … Continue reading Overview of the Protection of Personal Information Act
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