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Tag: Consumer Protection Act (CPA)

Safeguarding sensitive data before disposal

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Many companies that experienced delivery delays due to disrupted supply chains, have now received their IT equipment upgrades for 2020. This means there is an abundance of redundant electronics ready for disposal. Scrapping storeroom bound computers without proper consideration for data protection processes and regulations, or the proper elimination of data, could be disastrous for any company.

What are your chargeback rights?

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What are your rights when an online transaction goes wrong? The worldwide pandemic, and associated lockdown, have brought about many changes in consumer behaviour. One of which is the surge in online shopping. As South African consumers adapt to the new normal, where traditional ways of shopping are largely discouraged in favour of online shopping (in an effort to promote social distancing), the number of card-not-present transactions (card transactions that occur while the buyer and seller are not in the same place) has increased exponentially.

Stay on the right side of COVID-19 regulations

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As COVID-19 cases continue to rise sharply in South Africa, employers will be under increased pressure to ensure that their workers are operating under conditions of safety and protection. Companies are required to ensure their strict compliance with the various Acts and COVID-19 Regulations, including the Occupational Health & Safety Act, Labour Act, Consumer Protection Act, Disaster Management Act and more.

Gross negligence carve-outs

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Often ‘gross negligence’ is used as a carve-out from a no-liability clause. The Consumer Protection Act expressly provides that a supplier cannot exclude liability for gross negligence.

FEATURE | Contact Centres

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The issue of digital disruption is currently at the forefront of business discussions across all industries, but is currently arguably most acutely being felt, and feared, in the Contact Centre industry. With Contact Centres at the forefront of both the interface between customers and the organisation and the cutting edge of new technology deployment, the imperative for Contact Centres to adapt to changing customer communication preferences is paramount.

Navigating the sharing economy – first comes disruption, then comes regulation!

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Although the benefits derived from a sharing economy are substantial, there are some clear legal challenges which might warrant the imposition of restrictions on how these platforms are allowed to operate.

Growing liability risk threaten business sustainability

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The liability risks that South African businesses face as a result of possible product defects, are increasing by orders of magnitude with each passing year, and our Specialist Risk Review has revealed that as many as 21% of businesses have been faced with a product liability claim in the past five years.

Franchising should be professionalised

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Franchising worldwide continues having a 90% success rate as opposed to 10% for those starting a business on their own and whilst the sector in South Africa contributes around R721 billion to the country’s GDP. Yet there are still many businesses masquerading as franchises when in fact their business models are far from that of a franchise. 

FICA amendments deadline fast approaching

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The deadline for accountable institutions to meet the amendments of the Financial Intelligence Centre Act, No. 38 of 2001, as amended by the Financial Intelligence Centre Amendment Act, Act 1 of 2017 (FICA) legislation, which was introduced to counteract money laundering and the financing of terrorism, is fast approaching on April 2, 2019.

Factors beyond a consumer’s control

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"Poor legal writing might result in an injus­tice for a client: a judge might misunder­stand what a lawyer is seeking; an adversary might seize on an ambiguity. To avoid these problems, strive for perfection." Judge Dhaya Pillay opened her judgement with this quote when handing down judgement in a case which dealt with factors beyond the consumer’s control, which had caused non-compliance.

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