BEST PRACTICE
2019 SUMMARY
LEGISLATION SUMMARY
OF RELEVANT ACTS
ACT
APPLICATION
WHAT YOU NEED TO KNOW/HAVE
The Companies An HOA that fell within section Act HAVE YOU
21 of the old Act • Included NPC as part of the name of the company on all documents, website,
• Changed your Articles of Association to a Memorandum of Incorporation
correspondence, etc.
aligning it to the new requirements of the Act
The Community Applies to all stakeholders in a Schemes DO YOU HAVE
community including members, •
Ombudsman staff, tenants, directors, Service Act suppliers, visitors, etc.
(CSOSA)
A dispute resolution process detailing the various types of disputes, the
nature of the dispute, processes to be followed when dealing with a dispute
and the parties represented in a dispute
• A clause in your MOI/Constitution/Articles of Association/management rules
• Directors/trustees/committee members and staff members who have been
share block, etc. • Clearly stated and accepted governance documents and financial controls
The Protection Any organisation that of Personal DO YOU HAVE
collects, stores and uses • An appointed Information Officer (Accountability)
Information Act personal information about • A policy for dealing with data protection issues (Accountability)
(POPIA) any individual or groups of • A record that you have trained your staff in their duties and responsibilities
• A resolution stating what you are going to use collected information for
Applies to any community
including HOA, body corporate,
relating to the dispute resolution process
time share, retirement villages,
trained in the governance issues related to a community scheme
individuals
under the Act, and that they are putting them into practice (Accountability)
Personal information is
(Specific purpose)
classified as any information CAN YOU PROVE
not visible to the human eye • Evidence that the people whose information you hold know that that you
• When collecting information you ask whether you really need this information
• If you have staff details on your website, have you consulted with them
• If you use CCTV, are the cameras in the right place and are you displaying
• If you monitor staff, for example by checking their use of email, have you told
• You are respecting the rules about special personal information (Special
• The personal information is accurate and up to date (Information Quality)
• Your staff know what to do if another employee or individual member asks
• The personal information is being held securely, whether it’s on paper or on
• Your website is secure (Security safeguards)
• Access to personal information is limited only to those with a strict need to
• If asked to pass on personal information, are you and your staff clear when
• You delete/destroy personal information as soon as you have no more need
• You notify the Information Regulator (Information Officer)
• You are complying with the rules about Electronic Direct Marketing
have it, and know what it will be used for (Consent)
about an individual (Minimalist)
about this (Consent)
notices telling people why you have CCTV (Consent)
them about this, explained why and obtained their consent (Consent)
Personal Information)
for a copy of information you hold about them (Openness)
computer or any other format (Security safeguards)
know (Security safeguards)
the Act allows you to do so (Further processing)
for it (Effective destruction and retention periods)
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