Consumer Protection Law

The Consumer Protection Act 68 of 2008 (the CPA) came into force on 1 April 2011. The CPA applies concurrently with various other pieces of consumer protection legislation such as the National Credit Act, the Electronic Communications and Transactions Act, the Medical Schemes Act, the Foodstuffs, Disinfectants and Cosmetics Act and the Financial and Intermediary Services Act to name but a few. This means that it is always necessary to take an holistic view of the legislative landscape within which a business operates in order to ensure compliance.

Protection of Personal Information Act published

The Protection of Personal Information Act (POPI) No. 4 of 2013 has finanally been published in the Government Gazette. This means that the POPI is now an Act of Parliament (and so a law of South Africa) but no commencement date has been published yet. The commencement date is a short notice in the Government Gazette as which is signed by the President of South Africa. In terms of s114 of POPI all companies will have 1 year after the commencement date to ensure that they comply with the requirements of POPI.

 

Enactment of the Protection of Personal Information Bill delayed

The latest news on the Bill’s journey through the parliamentary committees is that on 13 February 2013 the NCOP’s Select Committee on Security and Constitutional Development heard more detailed submissions from its content advisor, the drafters from the Department of Justice and Constitutional Development, the SA Law Reform Commisson and the Financial Services Board. See this article on Legalbrief Policy Watch.

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