Article written by Tracy Burrows (Canon)
Many South African businesses – particularly SMEs – are failing to properly protect sensitive data, putting them at risk of data theft, leaks and penalties.
This is according to Ian Nel, Strategic Planning and Programs Director, Canon South Africa, who says organisations are not gathering, storing or managing sensitive data adequately.
All South African companies and entities are required to submit beneficial ownership information to the CIPC (Companies and Intellectual Property Commission) within 30 days of their CIPC annual return being due or within ten days of incorporation from May this year. Companies are advised to meet this deadline to avoid falling foul of the new rules and risk penalties.
In today's competitive business landscape, protecting your brand is essential for the success and longevity of your Small, Medium and Micro Enterprise (SMME). One of the most effective ways to safeguard your brand identity is by applying for the registration of a trade mark.
In this article, we will address common misconceptions surrounding the trade mark application and registration process in South Africa and shed light on why it is imperative for SMMEs to consider this process.
The Companies and Intellectual Property Commission (CIPC) implemented a beneficial ownership register from 01 April 2023 on a voluntary basis. The filing of beneficial ownership filings and securities/beneficial interest registers became mandatory from 24 May 2023 upon promulgation of the Amended Companies Regulations to give full effect to the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022.
Section 188(2)(b)(i) of the Companies Act, 71 of 2008, infers on the CIPC the responsibility to provide guidance to the public of the nature and dynamics of company law, by issuing non-binding opinions on the interpretation of any provision of this Act. This non-binding legal opinion regarding the interpretation of Section 61(7) and (10) of the Companies Act, 2008 (hereinafter referred to as the Act), is as a result of several guidance enquiries on the subject matter, as well as published articles concerning shareholder rights in an annual general meeting (AGM).
Lockdown restrictions and periodic office closures during the pandemic hampered the administrative capabilities of several key governmental departments, including the Deeds Office. Just as we were experiencing some improvements, the advent of stage 6 loadshedding has resulted in another backlog in the processing of property registrations, many of which involve commercial properties. With some careful planning and preparation, however, business owners can play a proactive role in expediting the process.
Being a business owner means that you have to wear many hats and that includes being an accountant, manager, lawyer, and even a cleaner if the task arises. These tasks can deter entrepreneurs from the true passion for their small business and leave them with no time for growth. Despite these many responsibilities, entrepreneurs are able to outsource tasks, and not planning your legal agreements could cost your business thousands of rands in the long run should a legal issue arise.
The Protection of Personal Information Act, No.4 of 2013 (POPIA), hereinafter referred to as
“the Act”, provides in terms of Section 40 for establishing an Information Regulator to exercise
certain powers and perform certain duties and functions. One of these duties includes
receiving and investigating complaints about alleged privacy violations of data subjects.
Family responsibility leave is governed by section 27 of the Basic Conditions of Employment Act 1997. Employees are entitled to 3 days of family responsibility leave per year, should the employee meet certain criteria:
Article provided Coface
The Protection of Information Act, better known as POPIA, came into full effect on July 1st, 2020, which meant that all companies were required to be fully POPIA compliant by July 1st, 2021.
The POPIA act is not the first of its kind but relatively similar to the GDPR (General Data Protection Regulation), which is a European privacy law, that came into effect on May 25th, 2018.
