Finally! The latest version of the POPIA Regulations have been tabled at Parliament. We have all been waiting anxiously for an update to the dreaded Form 4. Here is a reminder of what Form 4 looked like in the draft Regulations.

Our first impressions of the updated Regulations and Form 4

Here is what it looks like now:

Here are some quick observations:

  • Our first observation is that it is mercifully much shorter. There used to be a number of definitions in the consent which have been taken out.
  • Do direct marketers have to use the form verbatim? The Regulator has told us no, as long as it is similar. Their rationale is hidden. The definition of ‘form’ provides that the forms that are attached to the regulation must be used ‘or any form which is substantially similar to that form’.
  • What will immediately strike digital marketers is that the consent requires a signature. The latest version of the Regulations also includes a definition of ‘signature’ and ‘submit’. Signature includes an electronic signature as defined in the Electronic Communications and Transactions Act. Submit includes submit by data message, electronic communication, registered post, electronic mail, facsimile and personal delivery. This means that Form 4 may now be signed and submitted electronically – fantastic news for all digital marketers!

Although not all of our submissions have been incorporated in the new Form 4, we think that the latest updates are at least moving in the right direction.

2018-12-10T14:40:39+00:00By |POPIA|

About the Author:

Elizabeth de Stadler
Elizabeth is the quirky one in the company. She specialises in all things Consumer Law, plain language drafting and designing and delivering training. She prides herself on being slightly out there and bringing a fresh perspective to compliance issues. She has a Masters (cum laude – the nerd) in Consumer Law. Elizabeth met Paul in 2011 and joined Esselaar Attorneys (she is still a senior associate at the firm). In 2013 they founded Novation Consulting together. Elizabeth is a bit of a nerd. She is the editor of the Consumer Law Review (you can get it here for free!) and wrote A Guide to the Protection of Personal Information Act with Paul. She is also the author of Consumer Law Unlocked, a co-author of the hefty Commentary to the Consumer Protection Act and wrote chapters on the Consumer Protection Act in The Law of Contract in South Africa and The Law of Commerce in South Africa. She is currently working with Liezl van Zyl from the Stellenbosch University Language Centre on Plain language legal drafting, which will be published in 2017. Elizabeth loves Lego, sneakers, zombies and white wine. She hates comic sans font, sweet potato and most other attorneys. She is allergic to suits and ‘office shoes’ because of the years she worked at Webber Wentzel. She is very scared of moths. It is a thing – read about it. Want to find out more about Elizabeth? Check her out on LinkedIn. Better yet, contact her on elizabeth@novcon.co.za or (021) 481 8004.