popi act

The President has announced that the Protection of Personal Information Act will Commence on the 01 July 2020. Which then begs the question, what should you do next?

The long-awaited announcement from the President regarding the official commencement date of the Protection of Personal Information Act has finally arrived. This week the Presidency announced that the remaining sections of the Act will come into effect from 01 July 2020. The Act provides all organisation a twelve month grace period from this commencement date to achieve compliance before facing any consequences.

However, it’s worth noting that reaching compliance is a marathon and not a sprint, it requires a combination of a shift in organisational culture, company-wide policies, staff training, updating business and technical processes, implementing and reviewing controls, updating or reviewing contracts, and communicating with relevant stakeholders. Therefore the plans to achieve compliance should not be delayed as they will not be achievable at a last minutes notice. 

The consequences of being found to be non-compliant after the twelve month grace period include:

  • Imprisonment of offenders for between one to 10 years.
  • Up to R10 million in penalties and fines.
  • Enforcement notice requiring non-compliant organisation to stop processing personal information (which could affect the continuation of business operations)
  • Civil action on behalf of an individual or group of individuals.

Preparing for POPI Act Compliance

Organisations should begin now to implement compliance programs and review the implementation on a regular basis. Bahati Tech presents a practical approach to assist different organisations to achieve POPIA compliance:

  1. Create a tailor-made compliance programme for your organisation:
    1. Identify business areas involved in personal information
    2. Define the business needs and processes related to the processing ( i.e collection, storage, use, share or transfer, and destruction or archival of personal information) 
    3. Define data protection policy and strategy
    4. Create personal data flow diagrams with narratives processing of how personal information flows throughout your organisation.
    5. Create personal information inventory that covers all digitally processed data and paper-based repositories
    6. Identify the information security controls and gaps (deficiencies) in the data flow
  2. Perform Data Protection Risk and Maturity Assessments 
  3. Prepare and present a POPI Compliance Assessment Report

To discuss how we can support you further email us on:

Hello -{at}- bahatitech.co.za

Protection of Personal Information Act

The long-awaited announcement from the President regarding the official commencement date of the Protection of Personal Information Act has finally arrived. This week the Presidency announced that the remaining sections of the Act will come into effect from 01 July 2020. This newsletter covers what you should consider doing next:

https://mailchi.mp/065eb5f0045c/popi-act-commencement-01-july?e=24a37e4dd7

Avey Data Protection Case Study

Background and Company Profile:

Avey is an online beauty treatment platform that allows clients to book a beauty treatment in the comfort of their home or office. Avey allows the client to select a beauty professional for an appointment at a specified time. The beauty professionals also register to operate on the platform and go through a screening process before they are approved as Avey beauty professionals. This platform therefore processes both client and beauty professional personal data.

Challenges:

Avey currently operates in the major cities within South Africa and is therefore conscientious that that they need to comply with the Protection of Personal Information Act (POPIA). As an online platform they also have clients placing orders from all over the world, and they also have a vision to expand to different areas in the world. They are also therefore concerned to comply with the General Data Protection Regulations (GDPR).

Solution:

Bahati Tech conducted a readiness assessment for Avey based on their current organisational and technical controls, as well as the general business processes against the data protection norms and standards as well as requirements of GDPR and POPIA. Bahati Tech also conducted data protection awareness training for Avey staff with a strong emphasis on data security. Bahati Tech delivered a readiness assessment report to Avey management with a suggested roadmap on any improvement measures that were recommended for the organisation.

Benefits:

  • Avey formalised their data privacy policies and developed a roadmap to implement a data protection project.
  • During this project Avey reviewed and implemented improved security controls around the management of Avey Beauty Professional personal data.
  • Avey staff received training on data protection and data security
  • Avey management received a gap analysis report with details around the current Avey business processes, organisational and technical controls versus the requirements for GDPR and POPIA
covid19

Company Statement in response to the Global Covid-19 Pandemic

Bahati Tech (PTY) Ltd takes the threat posed by the recent coronavirus outbreak very seriously. Our approach is based on guidance from the following sources:

The World Health Organization (WHO)

COVID-19 Corona Virus South African Resource Portal

Regulations and Guidelines – Coronavirus Covid-19  

Our approach as a business:

As Bahati Tech (PTY) Ltd we will strive to continue providing our Data Protection services and meet our obligations to our clients while carefully adhering to the National Lockdown announced by President Cyril Ramaphosa. In doing this, we will take into account governmental advice coupled with our real-world experiences to ensure the safety of all our stakeholders.

Should we or one of our customers cancel or curtail any activity, then our standard contractual terms will be applied regarding any payments made or due.  

Our staff will continue to reasonably fulfil their roles and their obligations to our customers; any changes to this expectation will be informed by government advice and communicated both to staff and to our clients accordingly.

Training and consultancy delivery:

From a training and consultancy delivery perspective, the business will take the following approach:

All in-person engagements will be postponed for the time being. We are taking proactive measures to make online consulting and training available and where necessary and feasible, we will move all pre-planned consultancy engagements to online platforms. 

Our other business lines and services that are delivered remotely are unaffected by this policy.