The Protection of Personal Information (“POPI”) Act will come into force and effect in the near future. The onus rests on responsible party employers to ensure compliance. One of the most effect methods of compliance is regulate POPI in your employment contracts. This boiler-plate clause is an example that is easy to understand and can assist your business in updating your contracts.
This example clause provides users with context of how to regulate POPI in an employment context.
Please note: this clause is only to be used as an example. It will assist employers in providing the wording for obtaining consent to process personal information of employees in an employment context. Please noted that there is a proviso in using this clause. The clause should not be inserted in to existing contracts without first ensuring you have a POPI policy in place and the requisite definitions corresponding in the contract. Caution must be applied in updating your contracts and we advise you seek legal assistance in this regard.