The Protection of Personal Information (POPI) Act will affect many people and organisations throughout South Africa. Are you sure that you are allowed to use the personal information that you collect from your customers? Do you know how to adapt your company’s documents to make sure that you are? Our Consent and Disclosure Guide can help you to draft documents that protect your customers, employees and organisation.
Why do you need a POPI consent and disclosure guide?
POPI requires you to protect the personal information that you or your organisation collects. This is not a once-off event, but an ongoing process. This process includes making sure that the personal information you have collected from a data subject has been collected in the right way, stored securely, and deleted when you have finished using it.
It’s often better to get data subjects’ consent to their personal information being collected. If they don’t give consent, POPI gives you a few other ways that you can justify collecting their personal information. If you don’t fit into these other ways, POPI says that this data has been collected unlawfully. Getting consent is much simpler, less risky, and gives your business a much healthier public image.
It’s important to know that your business process makes it clear to your customers (or other data subjects) that you will be collecting their personal information. This includes drafting your customer-facing documents or webpages in a way that describe exactly what you collect and why you collect it.
How we can help you
We can draft a consent and disclosure guide for your organisation to use when drafting your legal documents. It is a practical written guide to standard disclosure and consent wording that you can use for customer forms and contracts with reference to POPI and international trends. These trends include what is required by the UK Regulator in the UK and in certain other jurisdictions with data privacy laws derived from the EU Data Protection Directive (such as other countries in Europe).
The guide covers the following topics:
- what is a ‘disclosure’?
- what is ‘consent’?
- contracts of adhesion
- click-wrap agreements
- forms of consent
- wording for multiple situations