Michalsons

About Michalsons

These blog entries are written in collaboration with Michalsons and attorneys who are the subject matter experts in their respective focus areas. Our attorneys specialise in various fields of law and provide commercially effective and practical advice. Read more about our people...

Enforcement Notice from the Information Regulator: what now?

The Information Regulator may send you a POPIA enforcement notice after investigating you and finding that you have contravened POPIA by failing to lawfully process personal information. In comparison, the Information Regulator may send you an infringement notice if it [...]

Promotional Competitions and the Law

If you are a marketer or brand activator who uses promotional competitions or prize draws to promote in South Africa, you need to comply with the Consumer Protection Act (CPA) requirements in section 36 and Regulation 11. We can help [...]

By |2026-07-24T15:10:43+02:00July 23rd, 2026|Categories: Marketing Law|Tags: , , |

Loyalty programmes and the law

Loyalty programmes are everywhere - freebies, added benefits and loyalty schemes. Loyalty programmes, credits and schemes incentivise consumers to stay loyal to certain brands, retail outlets, airlines, banks, cellular providers and many other suppliers of goods and services. As [...]

By |2026-05-12T21:24:27+02:00May 10th, 2026|Categories: Consumer Protection|Tags: , , , |

PAIA section 83(4) report for private bodies | PAIA report

All private bodies must submit a PAIA section 83(4) report (PAIA report) to the information regulator according to a notice the regulator published. The regulator has requested private bodies to submit this report annually in terms of section 83(4) [...]

Complying with RICA – a guide for organisations

RICA stands for the Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002, and finally came into effect on 30 September 2005. RICA is the piece of South African legislation that governs the interception [...]

By |2026-03-26T16:52:31+02:00March 25th, 2026|Categories: Electronic Communications Law, Monitoring Law|Tags: , , |

Lodge a PAIA or POPIA complaint with the Regulator

Do you want to lodge a PAIA complaint or POPIA complaint with the Information Regulator in South Africa? Has someone failed to give you access to information or infringed on your privacy? In this article, we'll help you know how [...]

Monitoring or intercepting of communications lawfully

The monitoring of communications must be done lawfully. For example, employers often monitor employee communications (such as email, websites visited, telephone calls, and the use of AI tools) to gather the evidence required to dismiss an employee fairly. Companies [...]

By |2026-03-26T17:00:47+02:00March 14th, 2026|Categories: Monitoring Law|Tags: , , , |

The Consumer Protection Act (CPA) – a heads up

The Consumer Protection Act is a South African law that protects consumers from harm. It also creates significant compliance obligations for most businesses in South Africa. Read the practical implications and take action. The Consumer Protection Act came into [...]

By |2026-05-07T17:10:13+02:00March 7th, 2026|Categories: Consumer Protection|Tags: , , |

FT Rams Consulting enforcement action | Email direct marketing

The Information Regulator is taking enforcement action against FT Rams Consulting for non-compliance with section 69 of POPIA - the section that deals with direct marketing. This FT Ram Consulting fine of R200k follows a complaint from a data subject […]

Information Regulator in South Africa

The Information Regulator was created by the Protection of Personal Information Act (POPI Act). POPI gives the Information Regulator teeth - it has extensive powers to investigate and fine responsible parties. Data subjects can complain to the Information Regulator, [...]

Department of Basic Education enforcement action | Consent

The Information Regulator argues that it is unlawful for the Department of Basic Education (DBE) to publish matric results in newspapers using a learner's exam number without consent. The regulator issued an enforcement notice to the DBE and then fined […]

GDPR certified: How to obtain GDPR certification

For many, being GDPR certified or obtaining GDPR certification is the holy grail. It provides proof that you comply with the GDPR and other data protection laws. This is especially true for processors that process personal data on behalf [...]