Indian and other foreign companies which process personal data in South Africa will need to ensure that they comply with the Protection of Personal Information Bill (POPI), which was adopted by South Africa last year.
This legislation, which is not yet in force, will apply to foreign companies irrespective of whether they process the data in South Africa or transfer the data from South Africa to another country for processing. IT outsourcing companies will also be covered by the legislation in their capacity as operators, even though they are acting on behalf of the data controller.
POPI, which regulates every aspect of the processing of personal information from its collection to its destruction, is based on data protection law that has been in force in the EU since 1995.
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Pamela Stein is a partner at Webber Wentzel, one of the leading corporate law firms in Africa and the South African member of ALN, an established group of Africa’s 12 foremost law firms.
10 Fricker Road,
Illovo Boulevard
Johannesburg 2196
South Africa
Tel: +27 11 530 5000
Fax: +27 11 530 5111
E-mail: pamela.stein@webberwentzel.com
