The information regulator in South Africa publishes guidance notes from time to time. According to the regulator, they are advisory and are not binding on the regulator or any other party. They do not amend or supplement the legal effect or interpretation of laws (including POPIA). You must not construe the guidance note to limit or restrict the regulator’s administration and enforcement of POPIA. If there is a conflict of meaning between the law (including POPIA or the POPIA regulations) and any guidance note, the law prevails. Our insights on the guidance notes do not constitute legal advice.
Guidance note on cross-border transfers to and from South Africa
The regulator will publish a guidance note on cross-border transfers to and from South Africa in terms of POPIA. They will not wait for the finalisation of the African Continental Free Trade Agreement. They have been consulting with other authorities, [...]