SN Molele Incorporated

And yet another security breach... This time suffered by Rain.

Rain hit by security breach Telecommunications company Rain says it has been impacted by a security breach.

Data Privacy Day: A reminder to comply with the POPI Act Regulators are not afraid to protect peoples` rights to privacy — we have seen the likes of Google and Facebook receive many GDPR fines, says Rian Schoeman, head of legal and chief privacy officer at LAWtrust. Schoeman says in light of Global Data Privacy Day, we must look thoroughly at how fa...

Absa leak: Details emerge of how rogue employee sold client data - TechCentral

Safety of data is a myth. Identify your risk and plan your responses and mitigation strategies.

techcentral.co.za An Absa employee accused of leaking some of the bank's South African customer data to third parties provided the information, which included credit card numbers, to several third parties in return for payment.

DM168: Hide and seek: into the murky world of cellphone tracking

Our privacy rights are taken away without us even being aware. The protection measures afforded by legislation may not be enough.

dailymaverick.co.za Millions of people are exposed to being tracked by dodgy private investigators, jealous or abusive spouses and shady criminals through the illegal pinging of cellphones by the private sector and the police.

Bidvest Bank “data breach” notification

Another day another data breach. It will be interesting to see if Bidvest complied with POPI.

mybroadband.co.za Bidvest Bank has alerted Currencies Direct of a “recent data breach” which involved some of their customers’ account information.

Vodacom and MTN have not notified Information Regulator of location data breach

You would imagine that Experian's data breach would serve as a lesson for others. If the data providers are this noncompliant...what about the rest?

mybroadband.co.za Vodacom and MTN have yet to inform the Information Regulator of South Africa of the unlawful use of cellphone location data by WASPs to track subscribers on their networks.

Daily Maverick 168: Who do you trust more with your data – the government or Facebook?

Your information has value. A scary insight into government collection of Covid 19 data. Who will have access to it?

dailymaverick.co.za Is surveillance capitalism better than a surveillance state? And does anyone really care?

Experian database laked

The plot thickens. Experian's response leaves much to be desired.

iafrikan.com Data of people in South Africa and businesses leaked online.

EXPERIAN DATA BREACH RESPONSE MEASURED AGAINST PROTECTION OF PERSONAL INFORMATION ACT (POPIA)

The security breach experience by Experian has been widely reported on in the media in the last 24 hours as can be seen from the articles in MyBoardband and BussinessLive . Experian is in the business of selling information and a registered credit bureau in terms of the National Credit Act. Since dissemination of data is their key business, it is reasonable to expect that a data breach should be one of their key risks and furthermore that they have robust data loss prevention measures in place to ensure that their data is well protected. [ 805 more words ]
https://snmoleleinc.wordpress.com/2020/08/21/experian-data-breach-response-measured-against-protection-of-personal-information-act-popia/

snmoleleinc.wordpress.com The security breach experience by Experian has been widely reported on in the media in the last 24 hours as can be seen from the articles in MyBoardband and BussinessLive . Experian is in the busi…

Pondering the impact of the Protection of Personal Information Act (POPIA) on Contracts

One of the most logical places to start with POPIA compliance is through contract drafting, since it not only addresses the condition requiring you to be transparent, but it has been established as a tool to assist with the discharge the burden of proof in courts. This article considers how to use contracts to achieve compliance with POPIA and highlights some new aspects to consider while drafting contracts. [ 669 more words ]
https://snmoleleinc.wordpress.com/2020/08/19/pondering-the-impact-of-the-protection-of-personal-information-act-popia-on-contracts/

snmoleleinc.wordpress.com One of the most logical places to start with POPIA compliance is through contract drafting, since it not only addresses the condition requiring you to be transparent, but it has been established a…

POLL: WOULD YOU BE INTERESTED IN A POPI WEBINAR?

poll.app.do Click the image to voice your opinion!

PROTECTION OF PERSONAL INFORMATION ACT (POPIA)

OPPORTUNITY FOR BOARD TO IMPLEMENT INFORMATION GOVERNANCE WHAT IS INFORMATION GOVERNANCE? The King 4 Report acknowledged that Information Technology (IT) has evolved to distinct separate disciplines of information and Technology. It recognised that Information and Technology overlaps but there are distinct differences in the risk and opportunities. And with the commencement of POPIA this becomes even more relevant. King 4 highlighted that Technology Governance and security found its way as a recurring item on governing board’s agendas. [ 536 more words ]
https://snmoleleinc.wordpress.com/2020/07/23/protection-of-personal-information-act-popia/

snmoleleinc.wordpress.com OPPORTUNITY FOR BOARD TO IMPLEMENT INFORMATION GOVERNANCE WHAT IS INFORMATION GOVERNANCE? The King 4 Report acknowledged that Information Technology (IT) has evolved to distinct separate disciplin…

Personal Protection of Personal Information Act (PoPIA)

The commencement of the long awaited Personal Protection of Personal Information Act (POPIA) was announced on the 22 of June 2020 and will become effective on on 1 July 2020. PoPIA has been of personal interest for a long time and it was a concern that South Africa has not embarked on the protection of personal information in contrast to the development that took place in this area of the law in the rest of the world for instance with the must publicized implementation of the General Data Protection Regulation (GDPR) in the EU. [ 411 more words ]
https://snmoleleinc.wordpress.com/2020/06/24/personal-protection-of-personal-information-act-popia/

snmoleleinc.wordpress.com The commencement of the long awaited Personal Protection of Personal Information Act (POPIA) was announced on the 22 of June 2020 and will become effective on on 1 July 2020. PoPIA has been of pe…

DIRECTIVE ISSUED TO ALLOW CERTAIN ACTIVITIES RELATED TO CARS(12 May 2020)

Yesterday saw a directive (GN 43308) issued dealing with activities permitted relating to cars during Alert Level 4. The Directive anticipates a phased approached subject to certain general and business specific conditions. WHO ARE ALLOWED TO OPERATE? Car Sales Trade in new and used cars; wholesale trade of new and used cars by OEMs and importers; export and import of all category of cars through national ports of entry… [ 349 more words ]
https://snmoleleinc.wordpress.com/2020/05/13/directive-issued-to-allow-certain-activities-related-to-cars12-may-2020/

snmoleleinc.wordpress.com Yesterday saw a directive (GN 43308) issued dealing with activities permitted relating to cars during Alert Level 4. The Directive anticipates a phased approached subject to certain general and bu…

LEGAL CONSIDERATIONS FOR TENANTS DURING COVID 19 LOCKDOWN

Across the world the lease/rental property industry staggers under the impact of COVID 19 lockdowns and South Africa is no different. Both Landlords and Tenants are feeling the impact thereof. The stream of Directives, published under the Disaster Management Act also mention leases.to a limited extend. The Directives distinguish between retail leases and residential leases. We addressed the requirements for retail leases… [ 449 more words ]
https://snmoleleinc.wordpress.com/2020/05/11/legal-considerations-for-tenants-during-covid-19-lockdown/

snmoleleinc.wordpress.com   Across the world the lease/rental property industry staggers under the impact of COVID 19 lockdowns and South Africa is no different. Both Landlords and Tenants are feeling the impact ther…

SAFETY TIPS FOR SOLE BUSINESS OWNERS BASED ON COVID 19 LABOUR DIRECTIVE

In conclusion of our series of ensuring workplaces are compliant with the COVID 19 Occupational Health and Safety Labour Directive published on 29 April 2020 we turn to some tips for sole business owners, although the Directive does not specifically prescribe anything other than a general requirement that sole owners must, as far as is reasonably practicable, ensure that customers, clients or contractors and their workers are not exposed to hazards of COVID 19 (Clause 5). [ 231 more words ]
https://snmoleleinc.wordpress.com/2020/05/08/safety-tips-for-sole-business-owners-based-on-covid-19-labour-directive/

snmoleleinc.wordpress.com In conclusion of our series of ensuring workplaces are compliant with the COVID 19 Occupational Health and Safety Labour Directive published on 29 April 2020 we turn to some tips for sole business …

WORKPLACE SHOPPING LISTS TO COMPLY WITH OHS LABOUR DIRECTIVE 29 APRIL 2020

We have created shopping lists for employers to obtain all the essentials and a dash of added sense for returning to work safely. See our lists for small employers (2-9 employees) and employers with 10-499 employees. Visit us at www.snmoleleinc.co.za.
https://snmoleleinc.wordpress.com/2020/05/07/workplace-shopping-lists-to-comply-with-ohs-labour-directive-29-april-2020/

snmoleleinc.wordpress.com We have created shopping lists for employers to obtain all the essentials and a dash of added sense for returning to work safely. See our lists for small employers (2-9 employees) and employers wit…

CONSIDERATION FOR COMPLIANCE WITH THE DIRECTIVE OCCUPATIONAL HEALTH AND SAFETY MEASURES IN WORKPLACES COVID-19 (C19 OHS), 2020 DATED 29 APRIL 2020. (the Directive)

This Occupational Health and Safety directive from the Department of Labour, applies to all employees with an essential services certificate. The Directive is vague on certain elements for instance, it requires employers with certain number of employees to comply to a larger or limited extend with the directive which raises the question whether this number should be calculated on employees employed or employees deployed during the lockdown? [ 638 more words ]
https://snmoleleinc.wordpress.com/2020/05/05/consideration-for-compliance-with-the-directive-occupational-health-and-safety-measures-in-workplaces-covid-19-c19-ohs-2020-dated-29-april-2020-the-directive/

This Occupational Health and Safety directive from the Department of Labour, applies to all employees with an essential services certificate. The Directive is vague on certain elements for instan…

Johann van Eeden posted on LinkedIn

linkedin.com EMPLOYMENT IN THE TIME OF LOCK-DOWN (Dick Cheeseman Claire Gaul David Short Keorapetse Matlala Nolitha Garane) ...

New case deals with a South African who was charged more to cancel their phone contract than to keep it

A new case favouring the consumer in cancelling a cellphone contract. Don't allow your service provider to bully you. Know your rights.

businesstech.co.za The Consumer Goods and Services Ombudsman (CGSO) recently dealt with a complaint by a South African who claimed that their mobile provider charged an unreasonable cancellation penalty.

Lockdown: Sarb foresees 370 000 initial job losses, 1 600 business insolvencies

Ensure protection of your personal assets with seperated juristic business structuring.

moneyweb.co.za Covid-19 has made forecasting 'nightmarish', concedes Reserve Bank governor Lesetja Kganyago.

Force majeure and supervening impossibility of performance - Werksmans

The difference between force majeure and impossibility of performance is that you can claim the latter even if it is not expressly agreed to. Contact us should you need more information.

werksmans.com by Pierre Burger, Director and Shmuel Moch, Senior Associate Introduction One of the major legal issues arising from the recent outbreak of the COVID-19

The effect of force majeure on contracts amid Covid-19

Force Majeure clauses in contracts will be useful to suspend performance. And the common law principle of impossibility of performance should not be forgotten.

moneyweb.co.za Certain clauses allow for the suspension of contractual obligations, while in common law such calls terminate agreements: Michael Straeuli, Webber Wentzel.

New Tracker data shows which South Africans are staying at home during the lockdown – and those that are not

And this right here is why the expression of purpose envisioned in PoPI becomes important. Using client's location data... Would you have agreed to become your tracking company's guinea pig if given a choice? Hope it's only their client data being used...!

businesstech.co.za Vehicle tracking company Tracker and data analytics company Lightstone have released a new report looking at whether South African motorists are following the calls to stay at home during the country’s 21-day lockdown.

'I've been stopped at a road block. Now what?' - How to deal with law enforcement quickly and efficiently

Your rights at a road block.

m.wheels24.co.za If you have to leave your house this weekend and encounter a road block, follow these steps to avoid confrontation with law officials.

COVID 19 DISASTER – FUNERAL ATTENDANCE AMENDMENT

The Regulations were amended to provide for travel across districts and province borders to attend funerals. WHEN? You are allowed to attend a funeral for a— spouse or partner of the deceased; child of the deceased, whether biological, adopted or stepchild; child-in-law of the deceased; parent of the deceased whether biological, adopted or stepparent; a sibling, whether biological, adopted or stepbrother or sister of the deceased; [ 268 more words ]
https://snmoleleinc.wordpress.com/2020/04/02/covid-19-disaster-funeral-attendance-amendment/

snmoleleinc.wordpress.com The Regulations were amended to provide for travel across districts and province borders to attend funerals. WHEN? You are allowed to attend a funeral for a— spouse or partner of the deceased; chi…

Lockdown means rent need not be paid until tenant moves in after April 16

There are specific regulations regarding Lease Agreements during the COVID 19 disaster. Also look at our article with the same subject for more information.

timeslive.co.za The first of the month would have marked the day that some people would have been moving into their new homes and rental properties. However due to the 21-day national lockdown, new leases have been suspended.

LEASE AGREEMENTS DURING COVID 19 – YOUR RIGHTS

RETAIL LEASE AGREEMENTS SPECIFIC EXEMPTIONS APPLIES DURING COVID-19 DISASTER The Department of Trade and Industry issued regulations requiring Retail Landlords, in order to ensure the survival of tenants of retail properties during the COVID-19 national disaster to allow agreements and practice in respect of: Payment holidays and/or rental discounts for tenants. Limitations on the eviction of tenants. The suspension or adjustment to lease agreement clauses that restrict the designated retail tenants from undertaking reasonable measures required to protect viability during the national disaster. [ 240 more words ]
https://snmoleleinc.wordpress.com/2020/04/01/lease-agreements-during-covid-19-your-rights/

snmoleleinc.wordpress.com RETAIL LEASE AGREEMENTS SPECIFIC EXEMPTIONS APPLIES DURING COVID-19 DISASTER The Department of Trade and Industry issued regulations requiring Retail Landlords, in order to ensure the survival of t…

Do you have any contracts that you cannot perform in due to Coronavirus or Lockdown? Contact us to review your contract and advise on your possible remedies.

When the virus crisis is over, the legal battles begin

Do not just assume that Coronavirus amounts to force majeure. It will depend on the wording of your contract.

moneyweb.co.za Could individuals plead force majeure if they cannot pay their debts?

NGO challenges constitutionality of lockdown, files Constitutional Court papers

Mn. Lamola mentioned this case on Thursday. It will be important for the legal watchdog of the Constitution to apply their minds to the lockdown's constitutionality. We need to be forever critical about the the government exceeding the limits of their authority and to a lesser degree their compliance with procedure. Interesting enough privacy rights are not identified as being imposed on and if my smartphone is being tracked by government... does that not invade my privacy?

news24.com An organisation has filed papers in the Constitutional Court seeking leave to challenge President Cyril Ramaphosa's order that the country should go into lockdown for 21 days to curb the spread of the novel coronavirus.

Court dismisses application to relax lockdown rules for man who wanted to travel to father's funeral

No travelling allowed accross provincial borders even to attend funerals.

timeslive.co.za An Mpumalanga man who brought an urgent court application to relax coronavirus lockdown legislation so he could attend his grandfather’s funeral has been dismissed.

National lockdown: Tshwane much quieter, but many still not staying indoors

Please follow the rules and be careful to avoid confrontation with law enforcement. Don't get yourself arrested or,like a News24 journalist, caught up in crossfire when shots were fired in Yeoville today. Stay safe.

m.news24.com On day one of the nationwide lockdown, the capital city of Tshwane wasn't exactly a ghost town - but it was certainly far quieter than it normally is.