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Practical guide – POPIA 101

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With the commencement date of the Protection of Personal Information Act 4 of 2013 (POPIA) of 1 July 2021 fast approaching, businesses should be reviewing their use of personal information to determine if it complies with the Act. It is important to understand that any business that has employees, customers and suppliers must comply with POPIA when dealing with personal information.

The roadmap for ending LIBOR

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The UK Financial Conduct Authority is considering whether it will be necessary to publish some synthetic LIBOR benchmarks after the termination dates set out by ICE Benchmark Administration to assist legacy contract holders.

Incentivising strategic development – moving one step closer or two steps...

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Recent moves to incentivise renewable energy development in designated areas are welcome, but a new requirement has been introduced which may prove onerous and cause significant delays. Faced with ongoing blackouts, an economy downgraded to junk status and the highest level of unemployment since 2008, the South African government is under more pressure than ever before to promote energy development and attract investment.

Uber drivers – employees or independent contractors?

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Uber drivers are currently classified as independent contractors in South Africa, but there are plans to launch a class action to compel Uber SA to confer several key rights on its drivers, which, if successful, will affect the rights of platform workers.

IBOR reform has significant implications for SA’s financial industry

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Since 2017, Interbank Offered Rate (IBOR) reform has been on the cards in many markets around the world. The use of the London Interbank Offered Rate (LIBOR) as a benchmark, is set to be discontinued.

Enabling policies awaited after 4th industrial revolution report

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The Presidential Commission Report on the 4th Industrial Revolution makes several strategic recommendations, but it needs to be followed by agile policy and regulation. The Presidential Commission on the 4th Industrial Revolution (the Commission) was tasked with drawing up a strategy to enable South Africa to participate fully in the fourth industrial revolution (the 4IR). Its report was published on 23 October 2020.

POPIA, GDPR – or both?

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Businesses that have taken steps to comply with the General Data Protection Regulation passed by the EU will also have to be compliant with South Africa’s Protection of Personal Information Act by July 2021. Compliance with one, does not ensure compliance with the other.

World Economic Forum – 2020 Future of Jobs Report

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A recent World Economic Forum report has highlighted evolving trends in the workforce, globally and in South Africa, as the local labour market faces the combined impact of the COVID-19 pandemic and the 4th Industrial Revolution (4IR).

Adverts obliged to align with COVID-19 regulations

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In a recent decision by the Advertising Regulatory Board against FlySafair, the board found that compliance with COVID-19 regulations extends to 'make-believe' marketing initiatives such as advertisements or commercials. The COVID-19 pandemic has had a devastating impact on many businesses, which have been irreparably harmed by the lockdown restrictions.

The legal effect of resigning after disciplinary action but before sanction

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The Labour Court in a recent judgment, Mthobisi Mthimkhulu v Standard Bank of South Africa (J928/20) (18 September 2020) considered whether an employee who has been found guilty of serious misconduct can avoid the ultimate sanction of dismissal by resigning before the employer imposes the sanction.

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