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Consent & Personal Data

Applicable Legislation

Act Section What It Governs
POPIA §9–10 Processing must be lawful — consent, contract necessity, or legitimate interest
POPIA §11–12 Consent must be voluntary, specific, and informed
POPIA §13 Collection must be for a specified, lawful purpose — no mission creep
POPIA §14–15 Data must be adequate, relevant, not excessive; kept accurate and up to date
POPIA §16–17 Data subjects have a right to access their data and to object to processing
POPIA §18 Data subjects must be notified of what data is collected, why, and with whom it will be shared
POPIA §19–20 Security safeguards — reasonable measures to protect personal information
POPIA §21–22 Data breach notification — must notify Regulator and data subject if compromise is likely to cause harm
CPA §11 Consumer right to plain language in all documents

✅ Compliance Checklist

  • Privacy notice / consent form is presented before collecting any personal data from a lead
  • Consent is specific — e.g. "I consent to Nostics Property holding my data to help me find a property" not just a blanket "I agree to terms"
  • Consent is recorded and auditable — timestamped + source recorded
  • Data collected is limited to what is needed (name, contact details, property requirements) — not excessive
  • The lead/client is told who will have access to their data (the agency, the developer, the bank)
  • The lead/client is told how long the data will be kept
  • Security measures are in place — encrypted storage, access controls on CRM, secure authentication
  • Data subject access request procedure is documented and can be actioned within 30 days
  • Opt-out / deletion request can be processed within a reasonable time
  • Data breach response plan exists — Information Regulator can impose up to R10 million fine or imprisonment

❌ Prohibited Actions

  • ✗ Collecting a lead's ID number "just in case" before mandate stage — excessive collection
  • ✗ Sharing client data with a bond originator or developer without separate consent
  • ✗ Keeping data indefinitely — must have a retention policy
  • ✗ Storing personal data on unencrypted laptops, shared drives, or personal devices without controls
  • ✗ Using a lead's data for purposes they did not consent to (e.g. signing them up for a newsletter without consent)

⚠️ Warning Flags

  • "I'll just save their number in my phone" — personal device storage needs security safeguards too.
  • WhatsApp groups for property listings — adding leads to a broadcast group without consent is a POPIA violation.
  • CRM data retention: if you close a deal and never delete old data, you are in violation if a client withdraws consent years later.
  • Referrals: getting a name from a friend is still processing — the referred person must be informed and consent before you contact them.