+27(0)13 282 5983 info@brandmullers.com

POPIA Policy

Purpose of Processing and Categories of Information

Insofar as POPIA is concerned, we set out below the information required in terms of section 51(1)(c) of PAIA:

Category of Personal InformationCategory of Data SubjectPurpose of ProcessingCategory of Recipients
Financial RecordsFirmFinancial reporting and tax complianceFirm’s directors, shareholders, employees, accountants, auditors and applicable regulatory authorities (including without limitation, South African Revenue Services (SARS) and Legal Practice Council (LPC))
Firm, clients and legal correspondentsProvision of servicesClients’ nominated recipients, Firm’s employees, accountants, correspondents, auditors, financial institutions and applicable regulatory authorities (including without limitation, SARS and LPC)
Firm and creditorsReceipt of business servicesFirm’s employees, accountants, auditors and applicable regulatory authorities (including without limitation, SARS)
Company SecretarialFirm, shareholders, employees, auditorsMaintenance of company records and financial reportingFirm’s employees, suppliers, shareholders, directors, accountants, auditors and applicable regulatory authorities (including without limitation, SARS, LPC, Companies and Intellectual Property Commission)
FICA RecordsClients, prospective clients and connected persons (including ultimate beneficial owner(s))Compliance with FICA as an ‘Accountable Institution’Firm’s employees and applicable regulatory authorities (including without limitation, Financial Intelligence Centre)
Client DataClients and other relevant third partiesProvision of legal servicesClients’ nominated recipients, Firm’s employees, accountants, correspondents, auditors, applicable counsel, and regulatory authorities (including without limitation, LPC)
Human ResourcesFirm and employeesBusiness operations and compliance with labour lawsFirm’s employees, suppliers, directors, shareholders, accountants, auditors and applicable regulatory authorities (including without limitation, SARS and Director-General of Labour Department)
MarketingFirm, employees and clientsMarketingFirm’s employees and all information contained on website is publicly available
AdministrationFirm, employees, clients and suppliersBusiness operationsFirm’s employees, suppliers, directors, shareholders, accountants, auditors and applicable regulatory authorities (including without limitation, LPC and Department of Health)

Planned Transborder Flows of Information

As required in terms of section 51(1)(c)(iv) of PAIA, the planned transborder flows of information entail:

  • The transfer of the Firm’s data stored on the Microsoft Office 365 exchange and backed-up into the cloud located in the European Union protected by the Microsoft Office 365 Trust Centre, and data stored on a system using Microsoft Power Apps, part of the Microsoft Office 365 services located in the UK Microsoft Office 365 Trust Centre;
  • The possible transfer of client information to correspondents (such as foreign law firms) as part of rendering legal professional services to the client; and
  • The transfer of Firm and employee-related information for the purposes of marketing, which transfers shall all be in accordance with section 72 of POPIA.

Information Security Measures

As required in terms of section 51(1)(c)(v) of PAIA, the Firm has implemented a number of information security measures (including encrypted back-ups, secure hosted services, anti-malware and firewalls) to ensure the confidentiality, integrity and availability of any information which may be processed by the Firm