Q: How should I deal with the issue of the Consumer Protection Act, Act# 68/2008 (‘the CPA’) the Protection of Personal Information Act, Act #4/2013 (‘POPI’/’POPIA’)?
A: The CPA has been around for ten years. Certain aspects of POPI has been around for 8 years, but the government has just announced that the rest of it will take effect on 01 July 2021, thus giving industry one year to ensure compliance.
Both statutes identify aspects of a business transaction that must be brought to the attention of consumers, not only at the outset (e.g. on the quotation and/or booking form) but also in the Terms & Conditions. It is imperative that you familiarize yourself with these requirements and adjust your documents accordingly.
DISCLAIMER: Each case depends on its own facts & merits. The above does not constitute advice. Independent advice should be obtained in all instances.
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