Achieving POPIA Compliance: Practical Steps and the Essential Collaboration Between Law and IT

Introduction: Compliance in Action

In the first part of this series, we explored the history and importance of POPIA and how it impacts businesses. Now, let’s get practical – how can companies in South Africa actually achieve compliance with data protection laws like POPIA? Becoming compliant isn’t just about ticking legal boxes – it’s about creating a culture of security and accountability across your entire organisation.

In this blog, we’ll walk through the practical steps businesses should follow to become compliant. We’ll also discuss why collaboration between your Legal and IT/Cybersecurity teams is crucial for long-term success.

Step-by-Step Guide to Achieving POPIA Compliance

Data Mapping: Understand What You Have

The first step in any data compliance journey is to map out and understand the personal data your business collects, processes, and stores. This includes:

• Identifying all types of personal information you handle (e.g., customer data, employee data, supplier data)
• Understanding where the data comes from, how it’s used, and whether it’s shared with third parties
• Tracking the flow of information within your organisation, including cross-border data transfers

Why it matters: Without a complete view of the data you handle, it’s impossible to ensure it’s being processed and shared in line with POPIA’s principles.

Appoint an Information Officer

Under POPIA, every business must appoint an Information Officer (IO). This person is responsible for ensuring compliance with POPIA and acts as a point of contact for the Information Regulator. For many, the IO is typically the CEO, but you can delegate day-to-day compliance duties to other employees.

Why it matters: The Information Officer ensures your organisation takes full ownership of its compliance program and has the authority to drive initiatives forward.

Develop and Implement Privacy Policies

Privacy policies are the foundation of your compliance strategy. These documents should explain how your business collects, processes, stores, and protects personal information. Key policies to have in place include:

• Data Privacy Policy: Outlines how your company handles personal information
• Data Retention Policy: Specifies how long different types of personal data will be kept
• Data Breach Response Plan: Details the steps taken in the event of a breach

Why it matters: Written policies aren’t just a legal requirement – they’re an internal guide for employees to ensure consistent and compliant behaviour.

Secure Consent from Data Subjects

Under POPIA, personal information can only be processed under one more lawful ground including if the data subject (e.g., a customer) consents, if it’s necessary for fulfilling a contract, complying with legal obligations, or another valid reason. Ensure you have:

• Clear, informed consent processes where possible;
• The ability for data subjects to exercise their legal rights under POPIA at any time;
• Transparent notices explaining what their data will be used for and why.

Why it matters: Without a lawful reason for data processing your data collection practices could be illegal.

Ensure Data Security: Safeguard Your Data

A critical part of compliance is implementing adequate technical and organisational measures to protect personal data from unauthorised access, disclosure, or loss. Some key security measures include:

• Encryption of sensitive data
• Access controls that limit who can view or process data
• Firewalls and anti-virus software to prevent breaches
• Regular vulnerability assessments and penetration testing

Why it matters: POPIA requires businesses to take “appropriate, reasonable technical and organisational measures” to protect personal data. Failing to do so can result in severe penalties and reputational damage from a data breach.

Train Your Employees

Ensuring all employees, especially those handling personal data, are trained on POPIA requirements is crucial. Training should include:

• Recognising phishing attempts and other security risks
• Understanding how to handle data subject access requests
• Knowing what to do in the event of a data breach

Why it matters: Employees are your first line of defence. Without proper training, even well-intentioned staff could unintentionally violate data protection laws, putting your business at risk.

Monitor Compliance and Audit Regularly

Achieving compliance is not a one-time task. Businesses should regularly audit their data protection practices to ensure they remain compliant as regulations evolve and new data is collected.

Why it matters: Regular monitoring and audits can help identify gaps in your compliance efforts before they become serious problems.

Bridging the Gap: Why Law and IT Must Collaborate

The Legal Team’s Role in Compliance

Your legal team’s role in POPIA compliance involves ensuring your policies, procedures, and contracts adhere to data protection requirements. Key responsibilities include:

• Drafting data processing agreements with third-party vendors
• Advising on legal obligations when data breaches or regulatory inquiries arise
• Ensuring documentation (privacy policies, consent forms, etc.) meets legal standards
• Handling data subject requests for access, correction, or deletion of personal information

However, legal teams can’t operate in isolation – they rely on IT and cybersecurity experts to implement the technical safeguards that make compliance possible.

The IT and Cybersecurity Team’s Role in Compliance

On the other side, IT and cybersecurity teams are responsible for:

• Protecting data through technology, such as encryption, firewalls, and secure backups
• Conducting risk assessments to identify vulnerabilities in your systems
• Monitoring for potential data breaches and ensuring the right tech is in place to detect and respond to threats
• Ensuring your systems can comply with legal obligations, like enabling data subject rights

IT professionals provide the technical foundation for what the legal team ensures is compliant from a policy perspective.

The Importance of Collaboration

To successfully achieve and maintain compliance, the legal and IT departments must work hand-in-hand. Here’s how they can collaborate:

• Shared Responsibility for Risk Management: Both teams must identify and manage risks associated with data handling. Legal can provide insight into regulatory risks, while IT focuses on technological vulnerabilities.
• Joint Incident Response: In the event of a breach, time is of the essence. IT teams should contain the breach quickly, while legal handle reporting obligations to regulators and affected individuals.
• Regular Cross-Functional Reviews: Compliance isn’t static. Regular reviews of policies, security measures, and incident response plans must involve both IT and Legal to ensure the business remains compliant as technology and legal landscapes evolve.

Conclusion: Building a Compliance-First Culture

Achieving POPIA compliance requires more than just meeting legal obligations – it’s about building a culture of accountability and security across your organisation. By following these practical steps and fostering collaboration between Legal and IT/Cybersecurity, businesses can navigate the complexities of data protection with confidence.

As the digital world continues to evolve, maintaining a proactive, compliance-first approach will not only keep your business safe from penalties but also build trust with customers and partners.

Citations:
[1] https://ppl-ai-file-upload.s3.amazonaws.com/web/direct-files/18750477/70b8f24a-8b53-43a4-8daf-0dc45aede419/paste.txt