1. Our commitment to POPIA compliance
Madiba & Co Attorneys is committed to protecting personal information and to complying with the Protection of Personal Information Act 4 of 2013 (POPIA), together with any regulations, codes of conduct and guidance issued under POPIA.
We recognise the importance of lawful, transparent and responsible processing of personal information in the course of providing legal services and operating our practice.
2. Responsible party
Madiba & Co Attorneys acts as the responsible party, as defined in POPIA, in respect of personal information processed by us.
Physical address:
239 Bronkhorst Street, Unit 3B, The Guild House Brooklyn, 0181
Information Officer:
Lynda Sibanda
marketing@madibainc.co.za
3. POPIA principles
We process personal information in accordance with the conditions for lawful processing set out in POPIA, including:
- Accountability
- Processing limitation
- Purpose specification
- Further processing limitation
- Information quality
- Openness
- Security safeguards
- Data subject participation
These principles inform our internal policies, procedures and day-to-day operations.
4. Lawful processing of personal information
We only process personal information where there is a lawful basis to do so, including where:
- Processing is necessary to provide legal services or perform a contract
- Processing is required by law or a professional obligation
- Processing is necessary to protect a legitimate interest of the firm, a client or a third party
- Consent has been obtained, where required
We limit processing to what is adequate, relevant and not excessive for the stated purpose.
5. Special Personal Information
Where we process Special Personal Information, we do so only in circumstances permitted by POPIA, including where such processing is necessary for the establishment, exercise or defence of legal rights, or where explicit consent has been obtained.
Appropriate additional safeguards are applied to protect such information.
6. Security safeguards
We implement reasonable technical and organisational measures to safeguard personal information against loss, unauthorised access, destruction or disclosure.
These measures are reviewed periodically to ensure alignment with legal requirements and accepted professional standards. We do not guarantee absolute security.
7. Operators and third parties
Where personal information is processed on our behalf by third-party operators, we ensure that appropriate agreements are in place requiring such operators to maintain confidentiality and implement security safeguards consistent with POPIA.
8. Cross-border processing
If personal information is transferred or accessed outside South Africa, we take reasonable steps to ensure that the recipient jurisdiction or service provider provides an adequate level of protection, or that appropriate contractual safeguards are in place.
9. Data subject rights
Data subjects have rights under POPIA, including the right to access, correct or object to the processing of their personal information.
Requests to exercise these rights may be directed to our Information Officer using the contact details above and will be handled in accordance with POPIA.
10. Complaints and escalation
If you believe that we have not complied with POPIA, you may contact our Information Officer in the first instance.
You may also lodge a complaint with the Information Regulator of South Africa at:
https://www.justice.gov.za
11. Ongoing compliance
We review and update our data protection practices on an ongoing basis to ensure continued compliance with POPIA and related laws, and to reflect changes in our operations or legal requirements.
