News & Resources

My business has suffered a data breach following a successful phishing scam which one of our employees reacted to and so enabled the hacker to gain access and obtain client and business data. We have tried to do what we can to manage the breach, but are unclear about our responsibilities in this regard, especially in the light of POPIA?

I’ve grown up signing our business contracts with pen on paper. With Covid however, most of my suppliers send me their agreements electronically which I sign by adding a copy of my signature digitally or, in some cases using specific software through which I then add my signature. It does make things easier, but I was wondering how valid and binding these agreements are?

My business is 26% black owned but has been excluded from a number of tenders because of pre-qualification criteria for tenders being set at being at least 51% black owned. I’ve seen in the news though that this practice has been scratched by the courts. Is this true?

I have a construction company which has been hard hit by the Covid-pandemic and although I have managed to keep our doors open and not retrench my employees, we are in dire straits. I understand that there are some tax relief measures which I can access to assist my company. Is this true?

I’m a minority shareholder in a company that has been approached by a buyer willing to buy out all the shareholders. Because of Covid-19 the company has suffered financially and I know that the shareholders holding more than 75% of the company will want to accept the offer even though I believe it to be far below the market value of the shares. Is there any remedy at my disposal?

I hold 20% shares in a private company that I bought into a few years ago. The majority shareholders heavily influence the directors who take decisions which in my view is not always in the best interests of the company or my own as a minority shareholder in the company. What remedies are available to me?

In my business I receive and store personal information of my clientele. I have a sign-up form for my new clients and was wondering whether I would be compliant with POPIA if I include a consent to process their information once-off in this form. Will this be sufficient for POPIA?

My business has automatic Level 4 BEE recognition because our annual turnover is below R10 million. However, a key client is requiring that we have to have at least a Level 3 BEE certificate meaning I will now have to verify. However, I had no planning in place to be able to do so in my previous financial year and I cannot wait until the current financial year is over. I was wondering whether I could use management statements for my verification if I can get the necessary planning measures in place?

A few years ago, our company entered into a BEE transaction with BEE partners to address our ownership. In the transaction documents, restrictions were imposed on the BEE partners that they could not sell or encumber their shares for a period of at least ten years. These lock-in provisions were a necessary part of the financing and overall transaction. With the current difficult economic times, our partners want to sell a portion of their shares and are disputing the validity of our lock-in provisions. Are lock-in provisions legally enforceable?

I’m the procurement manager for our company. We have a strong focus on BEE in our business and take great care in our procurement and the BEE position of our suppliers. Accordingly, I have noticed from the BEE certificates of many of our suppliers that they do quite poorly with their priority elements. This is strange, given the risk of dropping levels for non-compliance with these elements. Maybe the priority elements have not had the desired impact envisaged by their introduction?

My business processes and stores quite a large amount of information relating to our clients. We are well aware of POPIA that has now come into effect and have been putting basic processes in place. However, I remain concerned that we are not doing enough/underestimating our obligations. What should I be preparing for?

My employer has been closed for most of the lockdown and has been forced to cut staff salaries. Although I understand his predicament, it has now placed me in a situation that I can’t pay my rent. I was wondering whether the same applies to my lease agreement and whether I will be excused from paying rent because of Covid-19?