News
| URGENT: CPA & POPI COMPLIANCE |
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Thursday, 3rd March 2011
A core concept of POPI relates to the definition of "processing" personal information. Processing includes collection, receipt, recording, organisation, collation, storage, updating, modification, retrieval, alteration, use, dissemination and merging.
The CPA aims to promote a fair, accessible and sustainable marketplace for consumer products and services; establish national norms and standards to ensure consumer protection; make provision for improved standards of consumer information, to prohibit certain unfair marketing and business practices; promote responsible consumer behaviour; and promote a consistent legislative and and enforcement framework, related to consumer transactions and agreements.
Some of these factors fall under the responsibility of the Client, for example:
- verifying ethical usability of databases that have been loaded into the Content Management System by the Client - has express Opt-In consent been ensured?
- verifying ethical usability of databases of personal information supplied to FGX for upload into the client's Content Management System - has express Opt-In consent been ensured?
- ensuring accuracy of content that is loaded onto the Client's website by the Client via the Content Management System
- ensuring accuracy of content that is sent to FGX Studios by the Client for loading onto the Client's website
- commissioning the upgrade of the website to include a P.I. Zone (Personal Information Zone) if personal data is being collected for communication purposes
- not sharing usernames and passwords for the content management system with colleagues, thereby giving additional people access to the secure databases of personal information, and reporting a breach of access or security immediately
Some of these factors fall under the responsibility of FGX Studios, for example:
- ensuring that all Opt-in areas on the Client's website is complete with Terms of Opting in and information of how to Opt-out or access their own personal information.
- developing a system to enable people to safely access their personal information and update it
- ensuring Opt-Out-Once best practice - if someone unsubscribes from a communication, that they are barred from receiving further communication and are not ever re-added accidentally to a database
- disclosure of how the website tracks visitor activity for the sake of performance statistic and so forth
- maintaining the highest levels of server security to ensure that data is not accessible without access being granted via a username and password
Compliance requirements for your website for CPA and POPI:
- Every website must have a Terms of Use and Privacy Policy. Click here for the default Terms of Use and Privacy Policy to be placed on your website. Please read carefully and take note of the fact that these legal documents protect FGX Studios with regards to information placed on the website and any data collected from the site visitor.
- Every website must have a Login Area (P.I. Zone) for people to check if their email or cell number is stored in the database and securely access and update their own details. Any website gathering a database by online sign-up, or datacapturing manual entries and/or communicating with a database by email and / or SMS will require a P.I. (PERSONAL INFORMATION) ZONE. Please enquire with cpa@fgx.co.za
Compliance requirements for your databases:
Essentially POPI and the CPA can render the database of a Client illegal. It will make sending emails or SMS's to, and even just owning, a database illegal if it does not comply with the POPI Act. It is therefore of the greatest importance that any Client with a database starts evaluating and ‘cleaning’ their existing databases and to build new databases that comply with POPI so that they are ready and prepared when the bill becomes law.
- Database Clean-up. If you have an email and SMS database (stored in our systems), you are required to undertake a Database Clean-up in the form of an OPT-IN / UPDATE DETAIL / OPT-OUT campaign. Costing of this campaign depends on the size of your database. We can conduct these clean-ups both via Email and SMS. Please enquire with cpa@fgx.co.za
- Every website must have a P.I. ZONE. Any website gathering a database by online sign-up, or datacapturing manual entries and/or or communicating with a database by email and / or SMS will now legally require an area for people to access their own personal information and update / delete it.
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