Cremer offered useful tips for marketers and agencies when he recently addressed a masterclass convened by the Independent Agency Search and Selection Company (IAS) for its agency subscribers at the Institute of Directors to ensure they operate appropriately and not contravene the Act.
Foremost, he explained, is for agencies to arrange with their respective IT partners to copy and store their current client databases on record before the Act is officiated. “After the Act comes into existence,” says Cremen. “Companies will be expected to follow specific processes before being permitted to store new client information.”
According to the Act, companies may be liable for hefty fines should they violate the Act without a reasonable defense. However, the Act, which is now two years in existence, has not been set up and there is no set date for when it will be officially recognised for civil matters. Also, the official regulator, who will adjudicate all cases brought before his or her office, has not been appointed.
“Companies that have databases of their clients' personal information will have to comply with the stipulations set out by the legislation of the Act,” says Cremen.
He maintains it is paramount to start working on being POPI-compliant; and, using an example of Zurich Insurance which was fined almost £3-million over data loss, his point is driven home.
Following the IAS workshop, one of the participants, Carol Hawkins, a managing director of a prominent advertising agency in Johannesburg, says; “I had no idea of the impact this Act will have on my company.”
The talk, which comprehensively explained the necessity for companies to take action before the Act is officially recognised, proved to be a success among attendees.
“My independent research clearly shows a need for agencies to become more aware of the impact this Act will have on day-to-day business; IAS has always sourced leading experts to best advise them,” says Johanna McDowell, founder and managing director of IAS.
As the expert speaker at the IAS Masterclass session explained, there are also stipulations about the manner in which data is stored, the process of applying for client permission and the process of when and how information must be destroyed.
Finally, though this Act is certain to ensure the protection of civilians, and assist in curbing identity fraud, etc., the ramifications for direct marketers and advertising agencies may certainly have significant consequences.
Therefore, Cremen urges companies to educate themselves about the details of the Act.
“It is gratifying to see how well-received this information has been by our subscribers. It shows just how vital the information is, as well as agencies’ need for expert guidance,” says McDowell, commenting on the success of the talk in bringing about awareness of how best to remain compliant with the Act.