The draft regulations for the Protection of Personal Information (POPI) Act have been published by the Information Regulator.

Members of the public now have until 7th November to submit their comments.

As pointed out by the attorneys at Michalsons, the draft regulations simply outline the administrative aspects of the legislation.

“There are no clear controls and the accountability is still left with the responsible party to apply the conditions to their circumstances. This is very much in line with what we have been saying for years – the regulations are not going to substantially change what you must comply with,” Michalsons said in an email blast.

The law firm says that the draft regulations do give companies insight into how certain things will need to be done. For instance form 4 sets out how companies should go about getting marketing consent.

Senior associate at Norton Rose Fulbright, Kerri Crawford also outlined the various procedures outlined by the draft regulations.

“The regulations cover various procedural items, including; the manner of objecting to the processing of personal information, requests for correction or deletion of personal information, the form of application for an industry code of conduct, requests for a data subject’s consent to electronic direct marketing, submitting complaints or grievances and  the proceedings during investigations and assessments,” Crawford says.

“They also expand on the duties of information officers in entities processing information,” she added.

You can find a copy of the draft regulations over on the Michalsons website.

Comments must be submitted to Ms. M Mphelo by 7th November via email ( or by post to the following postal address.

The Information Regulator

Private Bag



Lotz, B. (2018). Draft POPI regulations now open for public comment - [online] Available at: [Accessed 24 Jan. 2018].