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Liability of person contravening any provision of act to other person for loss or damage suffered as contravention

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All spheres of government, public entities and organs of state must report on their compliance with broad-based black economic empowerment in their audited annual financial statements and annual reports required under the Public Finance Management Act, 1999 (Act No. 1 of 1999).

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And regulation 63

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the Information Regulator (Regulator) gives

notice that the Regulator is in receipt of a proposed code of conduct from the

Direct Marketing Association of Southern Africa (DMASA) that deals with how personal information will be processed in the DirectMarketing Industry.

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Interference with protection of personal information of data subjects

Non-compliance with Sections 22,54,69,70,71,72,60

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Duties and responsibilities of Information Officer

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Powers,duties and function of the Regulator

(b) monitoring and enforcing complianxe

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Authorization concerning data subject’s criminal behaviour or biometric information

(2) Needs to be done in compliance with Labour Law

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(a)Notification to data subjects when collecting personal information,exception to children

(b)non-compliance would not be prejudiced

(c) non-compliance is needed

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Key principle( section 2, sub section 2.1)

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Key principle( section 2, sub section 2.1)

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Substance takes precedence over legal form. This is the fundamental principle for measuring the compliance of B-BBEE.

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The Protection of Personal Information Act is a piece of legislation which governs the law of data protection and privacy in South Africa.

The POPI Act requires businesses to regulate how information is organised, stored, secured, and discarded

Section 114(1) is of particular importance as it states that all forms of processing of personal information must, within one year after the commencement of the section, be made to conform to the Act.

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Compliance is not reasonably practicable in certain cases

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To achieve objectives a Centre must:

monitor and guide accountable institutions,

supervisory bodies

and other persons regarding the performance of their duties and compliance with the provisions of the Act.

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The Broad-based Black Economic Empowerment Act 53 of 2003 intends: to establish a legislative framework for the promotion of black economic empowerment:

document issued to assess and verify a business's level of compliance with the country's BBBEE Act

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Liability of those responsible for untrue statements in a prospectus.

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Personal liability of directors and prescribed officers for losses or damages to the company resulting from their actions in breach of the act

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any director of a company is liable for any loss, damages or costs sustained by the company as a direct or indirect consequence of the director:

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Possible remedies for non compliance notices include provisions of community service (s171)

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Boards of related companies that have common directors. Transactions in contravention of s75 are void, unless ratified by shareholders.

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Steps regarding Financial Assistance

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°To provide a predictable and effective environment

• use of alternative enforcement mechanisms