Nvious Solutions

POPIA Compliance Challenges

From the intricacies of data mapping and consent management to the rigorous demands of data security and cross-border data transfers, each challenge presents unique hurdles that require careful navigation and proactive solutions.

Understanding and addressing these challenges is essential for businesses aiming not only to meet regulatory requirements but also to build trust with customers and stakeholders.

By identifying these obstacles and implementing effective strategies to overcome them, organisations can strengthen their data protection practices and enhance their overall compliance posture.

By automating processes such as data subject requests and consent management, organisations can respond more swiftly and ensure they meet POPIA’s requirements. Moreover, automation reduces the likelihood of human error in managing sensitive data.

 

Another crucial benefit of automation is its role in tracking and auditing data processing activities. Automated systems can generate detailed logs and reports, providing a clear audit trail of how personal data is accessed, used, and shared within an organisation.

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POPIA Compliance Challenge #1

Data Discovery and Data Inventory

Organisations often need help to create and maintain an accurate inventory of all the personal data they collect, process, and store.

This includes identifying where data is stored, how it is processed, and who has access to it.

Understand that you are not only accountable for the data you know you have but also for all data that is unused, lost, or unaccounted for. 

Undetected personal data cannot be properly managed or protected. As a result, data could be susceptible to data breaches and ultimately represents a data protection risk.

 

The data discovery process is necessary to build your data processing inventory, which is a repository of all data processing activities within your organisation.

The Solution: DPM Personal Data Discovery

Personal Data Discovery offers a robust solution for managing personal data across various IT systems. 

By combining DPM Data Discovery with Data Inventory, it accurately identifies personal data using machine learning and database connectivity, minimising false positives and providing clear insights. 

This allows companies to effectively handle personal data, contributing to increased compliance with the POPI Act, and uphold data subject rights.

Data Discovery
Data Discovery

AI-based solution designed to automate personal data discovery and classification.

  • Discover personal data from structured and unstructured sources
  •  Automatically searches for personal data
  •  Connects to all standard databases, file share locations, SaaS applications, and other types of data sources
  • Works with all file types like text, Excel sheets, pdf, CVS, e-mails, log files, social network interactions, and others
Data Inventory

Discover personal data across multiple systems in the cloud or on-premise.

  • The Data Inventory module connects to all relational databases making search inquiries
  • Central management of system meta-data
  • Manages data types (entities)
  • Allows you to precisely identify all personal data and to help you understand how data flows through your company

POPIA Compliance Challenge #2

Keeping Compliant Documentation of Processing Operations

According to POPIA, organisations are required to maintain documentation of processing operations (or records of processing activities). The documentation should include the following information:

  • Responsible Party: The name and contact details of the organisation and, where applicable, the representative of the responsible party.
  • Purpose of Processing: Organisations should specify why they are collecting and processing personal data.
  • Description of Information: A description of the categories of data subjects and the categories of personal information processed.
  • Recipients: Information regarding the recipients or categories of recipients to whom the personal information may be disclosed.
  • Transfers: If applicable, information on transfers of personal information to other countries or third-party organisations.
  • Security Measures: A general description of the security measures implemented to protect the personal information.
  • Retention Periods: Information about the periods for which the personal information will be stored or the criteria used to determine that period.

The Solution: Data Processing Inventory

Data Processing Inventory represents one of the main compliance pillars that gives you an overview of all important information about data processing within your organisation.

Data Processing Inventory is a one-stop solution for managing all data processing activities within an organisation.

 
An easy-to-use interface provides a clear overview of your status while assigning roles that can create, update, edit, and manage your data processing inventory with real-time updates on changes and responsibilities. 

Automating manual record-keeping tasks saves time and resources while ensuring that data protection efforts are fully compliant with regulations.

Data Processing Inventory (ROPA)

Provides an overview of data processing information and procedures.

  • Manage all data processing activities within organisation
  • Easy-to-use interface gives you clear overview of current status
  • Assign roles that can create, update, edit and manage data processing inventory
  • Get real-time updates
  • Connect processing activities with systems and third parties
  • Assign risks to processing activities

POPIA Compliance Challenge #3

Keeping Up-to-date Records of Consent

According to POPIA, processing personal information is strictly allowed upon obtaining consent from the end-user, specifically for the purposes for which the information is collected. Additionally, Individuals retain the right to withdraw their consent at any point.

Businesses must be able to demonstrate compliance with consent requirements. This necessitates maintaining detailed records of consent obtained, including when and how it was obtained.

However, companies often lack insight into given consent and cannot track and monitor consent collection, opt-ins, and opt-outs, unable to demonstrate compliance.

The larger the scale, the more operational challenges the company will face, and having consents scattered across multiple channels makes this task complicated and needlessly difficult.

The Solution: Consent Management Module

The Consent Management module addresses operational challenges related to consent management, providing real-time visibility into the entire lifecycle of personal data from initial opt-in to eventual removal.
This comprehensive view facilitates clear oversight of activities and allows for easy demonstration of compliance with data subjects at any level and at any time.
Furthermore, the module enables integration with front-end consent collection channels and centralised management of notices, which can be propagated across all consent collection channels. This automation ensures consistent and updated information across various marketing platforms.


Single source of truth
The module allows you to start or terminate processing activities timely to ensure that all processing activities are compliant.


Simple demonstration of compliance
Create a clear view of activities that can demonstrate compliance for any data subject at any level and at any time.


Easy integration
Seamless integration with consent collection channels such as CRM systems, marketing platforms, websites, and mobile applications, streamlining automation of marketing activities based on consent.

 

Consent Management

Consolidate your data and prioritize your relationship
with customers.

  • Real-time insight into the complete personal data lifecycle from the moment of opt-in to the data removal
  • Allows compliant consent administration
  • Gives a clear overview of activities and enables you to keep records of consent in one central place
  • Demonstrate compliance for any data subject on any level at any point in time

POPIA Compliance Challenge #4

Managing Data Subject Requests

It’s important for organisations to have processes in place to promptly handle these requests to ensure compliance with POPIA. Businesses should implement systems and procedures to manage data subject requests efficiently and effectively.

Data Subject Requests are one of the most challenging areas to cover since all data subject rights require different workflows to register, process, fulfil, and document requests.

POPIA creates the following rights for South African citizens (data subjects):
• Right to be notified about the collection and processing of personal information
• Right to access personal information
• Right to request correction of personal information
• Right to request deletion of personal information
• Right to object to the processing of personal information
• Right not to have personal information processed for direct marketing through unsolicited electronic communications
• Right to not be subject to a decision that results in legal circumstances based on the automated processing
• Right to complain to the Information Regulator
• Right to effect judicial remedy

Source: https://www.dst.gov.za/images/SECTION_18_CONSENT_FORM.pdf

The Solution: Data Subject Request Module

Data Subject Request is a module for managing and coordinating data subject rights. It automates the entire process so that the IT systems where the data is stored can execute user requests promptly.
The process becomes an automated workflow, giving a clear insight every step of the way, from registering the user request through request approval and data processing to notifying the user about the request’s outcome.
Most importantly, the Module represents a central place for supervising requests and provides the Information Officer with all the information necessary for managing requests within the response time limit.


Automation
Automates the entire process to manage IT systems and data storage repositories of personal information and to execute user requests timely and accurately.

A central place for requests
Get clear insight every step of the way, from registering a user request through request approval and data processing to notifying the user.

Execute user requests timely
Execute data subject requests within the time limit for responding to the request.

Data Subject Requests

Streamline the process for managing and fulfilling data subject requests.

  • Effectively manage data subject requests
  • Track, prioritize, and respond to requests related to data access, correction, deletion, and portability,
  • Maintain a clear record of your organization’s responses
  • Demonstrate full compliance with privacy regulations
  • Streamline the process of receiving and tracking requests, ensuring responses are made within legal time frame

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