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Bregman Moodley Attorneys

Ours is a boutique law firm that focuses in the following practice areas: •Adoption •Commercial contracts •Conveyancing and notarial work •Divorce mediation •Family law •Labour law •Insolvency, Liquidation and Rehabilitation •Wills "Patient, honest and kind (what you don’t expect from a lawyer), while extremely knowledgeable; I trust him - both with our security, and our case. If you need a lawyer in the Johannesburg area, I can’t stress enough how great Roy Bregman of Bregmans is." - Nathaniel Stern
Bregman Moodley Attorneys
Bregman Moodley AttorneysMonday, October 16th, 2017 at 2:42pm
The Reality of POPIA and Cybersecurity

Compuscan Academy, together with POPIA specialist, Mark Heyink, offer a workshop in November on The Reality of POPIA, GDPR and Cybersecurity in Cape Town Johannesburg and Cape Town. If you are interested in attending, please go this link: https://www.compuscanacademy.co.za/wp-content/uploads/2017/09/POPIA_Workshop.pdf

POPIA – A SHORT SUMMARY

On August 22, 2013, the South African Parliament passed the first comprehensive data protection legislation in South Africa, the Protection of Personal Information Act (POPIA). This act supports the existing right to privacy found in section 14 of the Constitution of the Republic of South Africa, 1996, and is designed to prevent the negligent disclosure of South African citizens’ Personally Identifiable Data (PID). Modelled on the current EU data protection regime, the Bill establishes the Office of the Information Regulator (OIR) as a data protection office, and outlines requirements for out-of-country transfers of PID, explicit consent for the collection and use of PID, time limits on PID retention, disclosure requirements, and minimum security and protection measures associated with the storage of PID. POPI provides exclusions for purely household or personal activity; “sufficiently de-identified information;” and state, national security, judiciary, and journalistic functions. In contrast, violations invoke civil and criminal penalties, for which the OIR may seek fines up to ZAR 10 Million (~$1 Million US), as well as compensatory and/or aggravated damages.

“Personal information” means information relating to a person and includes all information about that person, including his or her characteristics and identifying information and correspondence that are implicitly or explicitly of a private or confidential nature.

POPIA provides that personal information:
i) Must be processed lawfully and in a reasonable manner that does not unnecessarily infringe upon the privacy of employees;
ii) May only be processed if, given the purpose for which it is processed, it is adequate, relevant and not excessive;
iii) Must be collected for a specific, explicitly defined and lawful purpose related to the function or activity of the employer;
iv) Except in cases of emergency (such as when an employee may be out of office and an employer needs to collect data from his or her computer, urgently) the employer must inform the employee that it is collecting personal information, and inform him or her of the purpose of the collection of the information, save in limited circumstances.

The publication of the Regulations to POPIA brings us one step closer to the proclamation of the commencement of the Act. The Regulations are important as they provide guidance to how the parties responsible for the processing of personal information interact with the Information Regulator in dealing with the wide-ranging issues that are within the responsibility of the Regulator.
As the name of the Act suggests, the protection of personal information is heavily dependent on the establishment and maintenance of good information management and information security systems. Without a credible information security management system, processors of personal information cannot expect to achieve compliance with legislation applicable to the processing, management and security of information. In this regard, the Cybercrimes and Cybersecurity Bill currently being considered by the Parliamentary Portfolio Committee for Justice is important and is a critical element of any organisation’s plans to manage and protect its information and that of its stakeholders. In these times of fundamental change, the need for organisations to keep abreast of developments influencing their business and the education of those responsible for governance, management and processing of information is a critical business imperative.

Compuscan Academy, together with POPIA specialist, Mark Heyink, offer a workshop in November on The Reality of POPIA, GDPR and Cybersecurity in Cape Town Johannesburg and Cape Town. If you are interested in attending, please go this link: https://www.compuscanacademy.co.za/wp-content/uploads/2017/09/POPIA_Workshop.pdf
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Bregman Moodley Attorneys
Bregman Moodley AttorneysThursday, October 5th, 2017 at 2:58pm
Adoption Advice – can I adopt my friend’s baby?

A client asked how she goes about adopting her friend’s child, soon to be born. The friend wishes to give up her baby for adoption.

The biological parents would need to receive counselling from an accredited adoption social worker to look at all the options available to them when planning the future for their unborn child.

Should they decide on adoption, they will be assisted to sign consent for the baby’s adoption, in a Children’s Court.

The biological parents would have 60 days after signing the adoption consent to change their minds about the adoption.

Its best that during this period, the baby is placed in a temporary safe care facility.

As a prospective adoptive parent, you would need to go through a screening process with an accredited adoption agency or with an accredited adoption social worker in private practice which involves attending an orientation meeting, interviews with a social worker, a full medical with a doctor on our panel, a psychological assessment, a marriage assessment (if married or in a committed relationship), a home visit, police clearance and clearance from the Child Protection Register. You would also be required to attend a full day’s training and preparation group.

The screening can take between 5-6 months. There is a charge for all professional services and you would be responsible for paying the doctor and psychologist directly.

The baby would remain in temporary safe care until the prospective adopters have completed the screening process and the baby has become adoptable.

For more on this topic go here: https://goo.gl/e2AHvJ
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Bregman Moodley Attorneys
Bregman Moodley AttorneysWednesday, September 27th, 2017 at 7:03am
Sectional title owners – who is responsible for excess payments on insurance claims?

Owners in sectional title schemes believe – incorrectly – that because the body corporate insures the common property it must pay any insurance excesses (e.g. for a burst geyser)).

In fact, the Sectional Title Act provides that the owner in a sectional title scheme is responsible for all excess payments on insurance claims – unless the body corporate has passed a special resolution that it will cover these, in certain special cases.

Prescribed Management Rule 29 (1) requires the trustees to take reasonable steps to insure the buildings and all improvements to the common property to the full replacement value and must negotiate excess amounts, premiums, cover, and insurance rates on behalf of the body corporate.

The most common insurance claims relate to damage caused by burst geysers and the problems they cause. Insurance companies often negotiate a higher excess amount for such claims, to reduce the overall insurance premium and claims.

Most insurance companies have call centers set up to deal with the more common claims and on these cases no excess, or a considerably reduced excess, will usually be payable, provided the center is contacted quickly and allowed to send one of their preferred suppliers to handle the work. Quick action by the owner can save unnecessary damage to the unit (and to other units).

See more property law articles here: https://goo.gl/54V2vj
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Bregman Moodley Attorneys
Bregman Moodley AttorneysSunday, September 17th, 2017 at 10:04am
Having employment issues, as an employer or employee?

Whether you are an employer or employee, we’d love to work with you to find the best solution to your employment law issues. We offer a one-stop-shop of labour law services in the following specialist areas:

Practical training (at your place or ours) to suit your needs on any labour-related problem in the workplace.

User-friendly advice and consultation with a practical emphasis on all aspects of labour law, such as those relating to problem employees, insubordination, absenteeism, poor work performance and other day-to-day issues.

Privately conducted disciplinary hearings up to the highest executive level.

Expert representation at public and private labour arbitrations and in the Labour Court and Labour Appeal Court, drafting legal and court documents and expert management of litigation, advice on settlement offers and tactics, etc.

Check us out at: https://goo.gl/zqLyt9
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Bregman Moodley Attorneys
Bregman Moodley AttorneysThursday, September 14th, 2017 at 6:13pm
What rights do I have if a landlord victimizes me as a tenant?

You should take the matter up with the Rental Housing Tribunal, who offer their services free of charge. Click here to find out more about your rights as a tenant, and residential leases: https://goo.gl/QkPd8f

Provincial Rental Housing Tribunal contact list:
Gauteng – 011 630 5035
Western Cape – 021 483 4190
KwaZulu Natal – 031 336 5300/5222
North West – 018 387 6057
Limpopo – 015 294 2241
Mpumalanga – 013 7666 200
Northern Cape – 053 830 9444 / 9544
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Tel: +27 (0)11 646-0335
Email: info@bmalaw.co.za

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