Practical compliance with POPI (Protection of Personal Information Act) – a competitive advantage: An interactive one-day workshop

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Course Description:

Privacy is a new and developing field in South Africa, but is a developed sphere of work in Europe, the United Kingdom, Australia and the United States. South Africa’s new data privacy legislation, the Protection of Personal Information Act, 2013 (POPI), brings South Africa into line with international best practices in the field of privacy.

POPI governs the way in which personal information is collected, stored, used, disseminated and deleted. It protects personal information of both individuals and corporate entities and inevitably applies to your organization.

POPI is coming into effect in stages. Certain sections commenced on 11 April 2014, which enable the appointment of an information regulator and the making of regulations. While the compliance obligations are not yet effective, this is the first step towards POPI becoming operative. The information regulator should be appointed and draft regulations should be published for comment within the coming months. The remaining sections will then be enacted and South Africans will have 12 months from the commencement of the remaining sections within which to become POPI compliant.

Compliance will be a continued process, and should be viewed as a practical yet business critical task. POPI is not aimed at impeding business growth and its application therefore involves common-sense measures that are relatively easy to implement in your business.

That said, non-compliance poses significant financial, operational and reputational risks. During this one-day workshop you will learn how POPI works, what it means for your business and where you need to start to become compliant. We will focus on some of the more complex issues arising from the requirements and through case studies and international experience, demonstrate how compliance can give you a competitive advantage.

Learning Objective:

Upon completing this course participants should:

  • Understand the importance of privacy legislation and why it is good for South Africa;
  • Know what POPI covers and when it applies;
  • Be able to identify which information handled by an organisation is protected under POPI;
  • Have insight into specific requirements, including:
    • Cross-border transaction of information;
    • Data security and service providers;
  • Direct marketing and social media;
  • Understand the significance of data subject rights and how to prepare for data subject access requests; and
  • Be able to start formulating a POPI compliance project by conducting a privacy impact assessment.

Who will Benefit:

This course is designed for anyone who handles personal information, whether that of employees, affiliates, customers or service providers. No prior knowledge of privacy law is required. It will also benefit those who wish to discuss some of the more complex arising from POPI and its practical implementation in a business environment. The course is suitable for professionals of all levels and across multiple areas, but the following personnel may find it of particular benefit:

  • Information officers
  • IT and information security professionals
  • Marketing professionals
  • Customer service professionals
  • Human resources professionals
  • Regulatory professionals
  • Compliance professionals
  • Legal professionals.

AGENDA:

Registration Process: 8:30 AM – 9:00 AM

Session Start Time: 9:00 AM

  1. 10 things to know about POPI – this initial information session will include:
    1. A general overview of what POPI does and why it was enacted;
    2. An explanation of essential terminology; and
    3. An outline of some of the important compliance requirements. Several these will be discussed in detail during the later focus sessions.
  2. Focus session – Cross-border information transfers

    3. Personal information may only be transferred to a third party who is in a foreign country in limited circumstances, such as with the data subject’s informed consent or where the foreign recipient is subject to obligations similar to those under POPI that provide an adequate level of protection of the information. During this more in-depth session, we will cover the circumstances in which personal information can be transferred offshore, the factors to be considered in and obligations which arise from doing so.

  3. Focus session - Data security and service providers

    4. POPI requires you to maintain minimum security standards in respect of physical and electronic personal information. Specific compliance obligations apply where personal information is processed by third party service providers on your behalf. This second focus session will cover:

    1. The requirements to security and integrity of personal information;
    2. Your obligations in respect of personal information processed by service providers on your behalf; and
    3. Contractual best practice when engaging with service providers.
  4. Practical session – where do we start?

    5. This session is intended to get you started in preparing and implementing your POPI compliance project, beginning with a privacy impact assessment to identify any gaps in your current practice, policies and procedures. We will also spend some time working through example data flows.

  5. Focus session – Direct marketing and social media

    6. POPI introduces an opt-in regime in relation to electronic direct marketing, including a requirement to obtain informed consent to approach prospective customers and providing a mechanism to opt-out at a later stage. There are also considerations arising from the use of social media for business purposes. We will address both of these subjects during this focus session.

  6. Practical session – Data handling and subject access requests

    7. A data subject has the right to

    1. Know if an organisation holds personal information about them;
    2. Access that information for;
    3. Request correction or deletion of inaccurate, irrelevant, excessive, out of date, incomplete, misleading or unlawfully obtained personal information; and
    4. Request destruction or deletion of personal information that an organisation is no longer authorised to retain. During this interactive session, we will demonstrate how these rights may be exercised and how they should be handled.

  7. Summing up - 3 reasons why POPI is good for South Africa

    8. Having covered the practical application of various compliance requirements, we will conclude the workshop by discussing the ways in which compliance can give your business a competitive advantage.

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