Page 56 - Q&A

be stated upfront and be agreed to by the client. Section 13 of POPIA supports
this by stating that “personal information must be collected for a specific,
explicitly defined and lawful purpose related to a function or activity of the
responsible party”.
Consent must be “informed”. This means you must provide your clients with
sufficient information to enable them to make an informed decision as to
whether or not they want to consent to your business processing their personal
information. This obligation is accompanied by the requirement that you notify
Commercial include, but are not limited to the following –
your clients of specific information as required by Section 18 of POPIA. These

The information being collected and where the information is not collected
•
The name and address of the responsible party;
• from the data subject, the source from which it is collected;
• The purpose for which the information is being collected;
• Whether or not the supply of the information by that data subject is
voluntary or mandatory;
• The consequences of a failure to provide the information;
• Any particular law authorising or requiring the collection of the
information; and
• The fact that, where applicable, the responsible party intends to transfer
the information to a third country or international organisation and the
level of protection afforded to the information by that third country or
international organisation.
The data subject’s consent must be expressed in some form or another,
although the specific format in which such expression is communicated may
differ as required by the relevant circumstances. How this consent will be
expressed, such as by a signature or the press of a button on a website etc. will
have to be determined in each case.

It does stand to be remembered that obtaining consent is only one of the
grounds for lawful processing and that POPIA also provides other grounds for
lawful processing even where consent was not obtained.

In general, though, obtaining consent is a safe and effective route to ensuring
that you are processing information lawfully. However, a general and blanket
consent that requires a client to consent to all processing of information
that your business may need to do, will probably not cut it. You will need to
customize your consent to address the aspects of “voluntary”, “specific” and
“informed”. Should any aspect of your processing change from the basis set
out in your original consent, you may need to obtain consent again, unless your
consent was worded wide enough to accommodate such further processing.
This makes the formulation of your consent very important to cover all your
current and potential future bases without becoming generic and unspecific.

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