On June 22, 2020, the South African President announced that certain provisions of POPIA would take effect on July 1, provisions which most regard as essential to the statute, such as those imposing conditions on the lawful processing of personal information, procedures for handling complaints, and general enforcement provisions. Only days later, the South African Information Regulator issued his own statement welcoming the coming into force of these crucial provisions, including those giving the regulator the power to impose administrative fines of up to 10 million ZAR (or over 500,000 Euros). Although there will be a 12-month grace period, organizations subject to the law are acting now.

Today’s episode is Part I of our “View from Johannesburg” series, and features Dan Cooper, Shivani Naidoo and Ahmed Mokdad.

View our Key Takeaways from the episode.

Covington’s Inside Privacy Audiocast offers insights into topical global privacy issues and trends. Subscribe to our Inside Privacy Blog to receive notifications on new episodes.

 

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Photo of Dan Cooper Dan Cooper

Daniel Cooper is co-chair of Covington’s Data Privacy and Cyber Security Practice, and advises clients on information technology regulatory and policy issues, particularly data protection, consumer protection, AI, and data security matters. He has over 20 years of experience in the field, representing…

Daniel Cooper is co-chair of Covington’s Data Privacy and Cyber Security Practice, and advises clients on information technology regulatory and policy issues, particularly data protection, consumer protection, AI, and data security matters. He has over 20 years of experience in the field, representing clients in regulatory proceedings before privacy authorities in Europe and counseling them on their global compliance and government affairs strategies. Dan regularly lectures on the topic, and was instrumental in drafting the privacy standards applied in professional sport.

According to Chambers UK, his “level of expertise is second to none, but it’s also equally paired with a keen understanding of our business and direction.” It was noted that “he is very good at calibrating and helping to gauge risk.”

Dan is qualified to practice law in the United States, the United Kingdom, Ireland and Belgium. He has also been appointed to the advisory and expert boards of privacy NGOs and agencies, such as the IAPP’s European Advisory Board, Privacy International and the European security agency, ENISA.

Photo of Ahmed Mokdad Ahmed Mokdad

Ahmed Mokdad is an associate based in the Johannesburg office, and a member of the firm’s White Collar Defense and Investigations and Anti-Corruption Practice Groups, as well as the Privacy and Cyber Security Practice Group. With a depth of experience representing clients across…

Ahmed Mokdad is an associate based in the Johannesburg office, and a member of the firm’s White Collar Defense and Investigations and Anti-Corruption Practice Groups, as well as the Privacy and Cyber Security Practice Group. With a depth of experience representing clients across various sectors, Ahmed regularly assists clients navigate and mitigate a broad spectrum of regulatory and compliance risks.

Ahmed’s investigations practice includes internal and government investigations into anti-corruption, anti-money laundering, fraud, and financial crimes matters more generally. Complementing his investigations practice, Ahmed has a broad-based compliance advisory practice in these areas and in data protection and information security matters. This includes assisting clients in numerous sectors with compliance under South Africa’s Protection of Personal Information Act (POPIA).

Adding to his investigative, regulatory and compliance advisory experience, Ahmed has extensive experience advising on numerous M&A and complex financial transactions. He has also been involved in several high profile international arbitrations, and litigious matters before the South African courts relating to, among other things, commercial and tax disputes, exchange control violations, government procurement irregularities, and defending white collar crimes. This experience gives Ahmed valuable perspectives and insights when advising on compliance advisory matters.

For international clients facing compliance issues cutting into Africa, Ahmed regularly advises on a range of issues that can arise in such context, e.g., labor and employment considerations, legal professional privilege, whistleblower protections, corporate governance reporting obligations, and control processes and protocols for engaging with government and law enforcement agencies. Ahmed is recognized by clients for providing practical advice and solutions on complex legal issues in ambiguous statutory regimes.