Commencement dates for POPIA
This morning (22nd June 2020) the Presidency announced dates for compliance to POPIA. The dates are as follows:
Sections 2 to 38; sections 55 to 109; section 111; and section 114 (1), (2) and (3) shall commence on 1 July 2020.
Sections 110 and 114(4) shall commence on 30 June 2021.
What does this mean:
Applicable immediately: 1 July 2020:
Sections 2 to 38; sections 55 to 109; section 111; and section 114 (1), (2) and (3).
The sections which will commence on 1 July 2020 are essential parts of the Act and comprise sections which pertain to, amongst others, the conditions for the lawful processing of personal information; the regulation of the processing of special personal information; Codes of Conduct issued by the Information Regulator; procedures for dealing with complaints; provisions regulating direct marketing by means of unsolicited electronic communication, and general enforcement of the Act.
This is the main body of the Act, and although Section 114 (1) (see below) gives a year, in principle, the time to act is now, and all organisations need to become compliant as soon as possible.
Applicable from 30 June 2021
Sections 110 and 114(4) shall commence on 30 June 2021.
Section 114(1) is of particular importance as it states that all forms of processing of personal information must, within one year after the commencement of the section, be made to conform to the Act. This means that entities (both in the form of private and public bodies) will have to ensure compliance with the Act by 1 July 2021. However, it stands to reason that private and public bodies should attempt to comply with the provisions of the Act as soon as possible in order to give effect to the rights of individuals.
The full press release can be viewed at: http://www.thepresidency.gov.za/press-statements/commencement-certain-sections-protection-personal-information-act%2C-2013