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.

 

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 Privacy International and the European security agency, ENISA.

Photo of Ahmed Mokdad Ahmed Mokdad

Ahmed Mokdad is an associate in the firm’s compliance and investigations practice in Africa. As a seasoned investigative specialist with deep experience representing clients across various sectors, he regularly assists clients across the continent navigate and mitigate a broad spectrum of regulatory and…

Ahmed Mokdad is an associate in the firm’s compliance and investigations practice in Africa. As a seasoned investigative specialist with deep experience representing clients across various sectors, he regularly assists clients across the continent navigate and mitigate a broad spectrum of regulatory and compliance risks and challenges.

Adding to his on the ground investigative, regulatory and compliance advisory experience, Mr. Mokdad has also extensively advised on litigious matters and financial transactions. Mr. Mokdad has been involved in several high profile litigious matters and international arbitrations relating to, amongst others, tax disputes and exchange control violations, corporate and commercial disputes, public procurement and white collar crime. He regularly performs risk and compliance program assessments, third-party risk due diligence, advising on pre-acquisition diligence and post-acquisition integration.

Shivani Naidoo

Shivani Naidoo is a South African qualified lawyer and associate in the firm’s Africa Practice Group. She advises on a broad range of general transactional matters including corporate governance, JSE listing requirements, and intellectual property. She has particular expertise in drafting and negotiating…

Shivani Naidoo is a South African qualified lawyer and associate in the firm’s Africa Practice Group. She advises on a broad range of general transactional matters including corporate governance, JSE listing requirements, and intellectual property. She has particular expertise in drafting and negotiating agreements in relation to acquisitions, joint ventures, trade agreements, licensing, franchising, supply chain, agency, distribution and logistics, outsourcing, broadcasting and licensing, privacy and data protection, and performer contracts. Her experience also includes conducting due diligence investigations related to corporate transactions.

Shivani has assisted both local and foreign clients in establishing companies in South Africa, as well as advising on various regulatory matters such as the South African Companies Act and the Broad-Based Black Economic Empowerment Act (“B-BBEE”). She has strong capabilities in structuring B-BBEE transactions, as well as drafting and negotiating related commercial documents in relation to share subscriptions, business and asset allocation, board and shareholder resolutions, trust deeds, memoranda of incorporation, waiver letters, empowerment transactions, assignment agreements, and TRP applications.

Shivani gained extensive experience and a working knowledge of the telecommunications industry while on secondment to Liquid Telecommunications South Africa Proprietary Limited. Her experience includes, among other capabilities, advising on general commercial matters pertaining to the business, drafting and negotiating various tender proposals, dark fiber asset sale agreements, and fiber maintenance agreements.