Tech & Legal Updates

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POPIA sets conditions for cross-border data transfers

Under the Protection of Personal Information Act, personal information may only be transferred outside South Africa where the recipient is subject to laws, binding corporate rules, or agreements that provide an adequate level of protection.

For SaaS and technology businesses operating across jurisdictions, this places emphasis on structured data transfer mechanisms and clearly defined processor obligations. Contracts should address how personal information is transferred, processed, and protected across borders, including allocation of responsibility between parties.

Source: https://inforegulator.org.za/wp-content/uploads/2025/08/PROTECTION-OF-PERSONAL-INFORMATION-ACT-4-OF-2013.pdf