THE LATEST WHEN IT COMES TO THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013 (POPI)

THE LATEST WHEN IT COMES TO THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013 (POPI) AND THE RELEVANCE THEREOF TO ESTATE AGENCIES

A quick reminder of the intention of the Act

The intention of this Act is to promote the protection of personal information processed by private and public bodies to establish minimum requirements for the processing of this personal information as well as an Information Regulator to regulate and enforce this Act and to issue codes of conduct from time to time. 

Is POPI operational?

The POPI Act, after much speculation, has finally come into operation as of the 1^st of July 2020. 

How long do estate agencies have to be compliant with the Act?

Agencies subsequently have a year from the 1^st of July 2020 to fully comply with the Act and implement precautions in order to protect clients and/or business partners' personal information

What does the concept, "personal information" entail?

Personal details is as an umbrella term, and includes much more than just a telephone and identity number, such as gender, race and religious views amongst other things.

Which new obligations should now be met by estate agencies?

• Information should only be collected directly - if it is not publicly available - and with the necessary consent from clients;
• Record should be kept of the information collected;
• Where third parties are involved in a transaction, the necessary service agreements should be concluded and such third parties should also adhere to the POPI Act;
• Direct marketing may only be done where consent has been obtained to such effect;
• Existing clients may be contacted, but should be afforded the opportunity to object thereto and only with regards to marketing which is relevant to your specific business relationship with such client;
• If consent was denied, a client may not be contacted in that regard again;
• Privacy Policies should be put in place;
• A compliance Officer should be appointed and staff should be afforded the necessary training in terms of the Act.

Consequences of non-compliance of POPI

Rather harsh penalties will come into play should there not be compliance with the Act in the form of a prison sentence or fines of up to R10 000 000,00.