John Giles

About John Giles

John delivers practical legal solutions to clients by bringing together knowledge, experience, insight, clear thinking, planning, project management, skilled resources, and efficient technology. He helps organisations grow and avoid legal problems. He is a surfer and a family man. Read more ...

Prefer the active voice over the passive in legal documents

Lawyers should prefer the active voice over the passive in legal documents (like contracts, terms, opinions, laws, affidavits, and pleadings). Most writers follow this principle when they write. But lawyers often don't and they argue that legal documents are different [...]

By |2022-11-15T16:44:37+02:00July 23rd, 2021|Categories: Plain Language|

When is the POPIA deadline in South Africa?

1 July 2021 was the POPIA deadline in South Africa. After the POPIA commencement date or effective date (which was 1 July 2020) there was a 12-month grace period - so the POPIA deadline was at the end of [...]

By |2021-08-09T22:22:45+02:00July 21st, 2021|Categories: POPI and Data Protection|Tags: , , |

South Africa enters a new era of both the protection of and access to information

1 July 2021 is a milestone in South Africa and you have an important role to play into the future. For the protection of personal information, we move out of the grace period and into a world where the [...]

By |2022-11-15T15:58:47+02:00July 1st, 2021|Categories: Access to Information, POPI and Data Protection|Tags: , |

PAIA Manual exemption extended again until 31 December 2021!

In June 2021, the Minister of Justice and Correctional Services once again exempted all private bodies (except for certain companies) from having a PAIA manual until 31 December 2021. The exemption is only six months, effective from 1 July [...]

By |2022-12-20T10:54:21+02:00June 29th, 2021|Categories: Access to Information|Tags: |

Guidance note on exemptions from the conditions of POPIA

The regulator published a guidance note on exemptions from the conditions for lawful processing of personal information in terms of Section 37 and 38 of POPIA on 21 June 2021. The guidance note helps those who intend to apply for [...]

Information regulator annual performance plan for 2021 to 2022

The information regulator has published its annual performance plan for 1 April 2021 to 31 March 2022. It has also presented them in different formats to different audiences. For example, the regulator held a readiness stakeholder engagement on 15 June [...]

The practical impact of the Cybercrimes Act on you

The Cybercrimes Act has a significant impact on many organisations and individuals. Unfortunately, the impact is mostly negative and a bit scary. Correctional services are going to have to build more prisons to lock up everyone who commits a cybercrime. Few [...]

Cybercrime affects everyone

Crime affects everyone and in future cybercrime (and cyber security) is going to affect people more and more. No one is safe - it impacts the rich and the poor: Anyone with a mobile phone in their pocket. Anyone who has [...]

How much does data protection compliance cost?

Now there is a good question. Many people ask us how much does data protection compliance (or more specifically GDPR compliance or POPIA compliance) cost. I'm afraid there is no simple answer but I can give you some guidance to [...]

By |2022-12-14T09:38:35+02:00May 25th, 2021|Categories: POPI and Data Protection|Tags: , , |

Privacy and data protection in healthcare in South Africa

Are you interested in privacy in healthcare? Are you wondering how the Protection of Personal Information Act (POPI Act or POPIA) will affect your organisation or the healthcare industry? Are you trying to determine what laws are relevant and how [...]

By |2022-12-22T08:11:44+02:00May 16th, 2021|Categories: POPI and Data Protection|Tags: , , |

Guidance note on information officers and deputy information officers

The information regulator has published a guidance note on information officers and deputy information officers to provide guidance, procedures and forms to enable responsible parties to do various things required by law. To save you time, we have summarised [...]

Reseller Agreement – Agent or Distributor?

We often get asked by vendors of goods or services (like original software manufacturers (OEMs), principals, software developers or vendors) to draft a reseller agreement to appoint a third party (or reseller) to sell their solutions to the third parties [...]

By |2022-12-22T10:21:54+02:00April 6th, 2021|Categories: Contracts|Tags: , , , |