Archive

ACTS 2017

 

AGRICULTURE

EXPLANATORY SUMMARY OF THE AGRICULTURAL PRODUCT STANDARDS AMENDMENT BILL, 2015

 

COMPETITION

DATA SERVICES MARKET INQUIRY- TERMS OF REFERENCE

 

COMMUNICATIONS

ICASA INTENDS TO REGULATE DATA EXPIRY AND ROLL OVER

 

COMPANIES

MARGIN REQUIREMENTS FOR OTC DERIVATIVES – 8 SEPTEMBER 2017 DEADLINE

 

CONSUMER PRICE INDEX

 

ELECTRICITY AND ENERGY

NATIONAL ENERGY REGULATOR CALLS FOR EXTERNAL MEMBERS FOR INFORMATION TECHNOLOGY COMMITTEE (ITC)

 

ENVIRONMENTAL

NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008 (ACT NO. 59 OF 2008)

PROPOSED WASTE TYRE REGULATIONS

 

FINANCE AND FINANCIAL MARKETS

FINANCIAL SECTOR REGULATION ACT, 2017

THE PERILS OF INTRODUCING TAX “LEGISLATION BY PRESS RELEASE

TAXPAYERS BEWARE: ONLY LAWYERS CAN KEEP YOUR SECRETS

FINANCIAL SECTOR REGULATION TAKES ANOTHER STEP TOWARDS IMPLEMENTING TWIN PEAKS REGULATORY MODEL

 

HEALTH AND SAFETY

AMENDMENT TO NOISE INDUCED HEARING LOSS REGULATIONS

 

INTERNATIONAL TRADE

AMENDMENT OF INTERNATIONAL TRADE ADMINISTRATION ACT (71/2002): AUTOMOTIVE PRODUCTION AND DEVELOPMENT PROGRAMME (APDP) REGULATIONS

 

INTELLECTUAL PROPERTY

BACK TO THE DRAWING BOARD FOR COPYRIGHT BILL

THE DRAFT IP POLICY 2017 | SECOND TIME LUCKY FOR THE DTI?

 

LABOUR

PROTECTED DISCLOSURES AMENDMENT ACT, 2017

EMPLOYMENT EQUITY CRACKDOWN: A WAKEUP CALL TO EMPLOYERS

 

MEDICAL AND NATIONAL HEALTH CARE

COMPETENCY STANDARDS FOR PHARMACISTS

RULES RELATING TO GOOD PHARMACY PRACTICE

 

MUNICIPALITIES

HISTORICAL DEBT FOR MUNICIPAL SERVICES -NEW OWNERS ARE NOT LIABLE

 

Recent queries regard the use and dissemination of VAT Invoices has prompted Lee’s Compliance to place on record what the legal requirements vis a vis electronic invoices are.

IN A NUT SHELL

⇒SARS does recognise and allows a vendor to issue electronic tax invoices, debit notes and credit notes.

The information which has to be printed on hard copy invoices must also appear on electronic invoices, being

• the heading – VAT INVOICE
• the name,address and VAT registration number of the seller,
• the name and address of the purchaser,
• a serialised invoice number,being the invoice reference number
• the date of supply of goods or services reflected under the invoice,
• the words “tax invoice”,
• a proper description of the goods or services supplied,
• the date of issue,
• the volume or mass of the goods,
• the consideration for the supply and the VAT charged or a statement that VAT is included in the price charged and the rate of VAT charged.

Your clients or recipients must confirm in writing that they’re willing to receive electronic tax invoices from you. You must keep this written confirmation on record for five years /and seven years where you are a Company.

Your electronic tax invoices must be issued with encrypted 128-bit encryption technology (which means in simple terms a pdf. document), which will make it impossible for the receiver to tamper with it or alter it in any way.

All electronic invoices must be kept in a readable and encrypted form for five years /or seven years if you are a Company from the date of the supply.

FACTS SUPPORTING THE ABOVE

The above is based on the details set out in the attached document.

• LC Alerters – VAT invoices January 2015.pdf
• VAT 404.pdf

20 NECESSARY STEPS TOWARDS POPI COMPLIANCE

 

1. The what : Read the Act.

 

2. Unpack and analyse : Summarise the parts of the Act which apply to your business.

 

3. Learn from others : Attend some POPI workshops and seminars to gain some insight into what has to be done in order to ensure that the Act is implemented within the business.

 

4. Establish a Task team : Decide which departments within the business will be responsible for the implementation of POPI and establish or set up a task team which should be made up of the Company’s Information Officer, established under PAIA (Promo of Info Act), a legal advisor, a number of representatives from the IT department, and a representative from each business unit or cluster  within the business, as well as a representative from Corporate Affairs.

 

5.Educate and workshop : Conduct some workshops within the Business and its various operations to create awareness about the Act and what “personal Information” and “privacy” means.

 

6. Inform : Provide the business with a succinct summary of the Act and what it needs to do in order to comply with the Act.

 

7. Find the Source : Locate all personal information which is held, used or stored within the business and classify this information using a classification sheet.

 

8. Gap analysis of records : Get an external auditor and IT function to audit the records and documents held in the business to determine – why they are held, how are they held, how are they used, are they secure, should they be deleted etc.

 

9. Gap analysis of business: Conduct a gap analysis on the provisions of  POPI and its requirements and impact on the business and operations: and arrive at action items to feed back to the Task team.

 

10. Retention and Archive Strategy : Develop a document retention ad archive policy and procedure, including document retention periods and methods of destruction.

 

11. IT Infrastructure and security issues : consult with the IT experts on how to develop a complete records management system, where personal records are correctly stored, are capable of being retrieved and updated or archived and which system is secure.

 

12. POPI Policies and Procedures : develop appropriate POPI Policies and Procedures for the company and the various businesses and operations.

 

13. Review existing  IT and information related procedures : to ensure that they are aligned with POPI.

 

14. Section 18 informed consent document : Develop a section 18 Informed Consent document for customers, suppliers and persons whom the company collects personal information from.

 

15. PAIA Manual: Revise the Company PAIA Manual, and insert reference to Processing of personal information procedures, which have been adopted by the company.

 

16. Appoint Information Officer: Appoint an Information Officer and or deputy officers, provide him or her with a list of duties which he or she is required to carry out under POPI, and when POPI becomes effective, notify the Regulator of the details of the Information officer and any Deputy Officers, where appointed.

 

17. Set up a complaints procedure : establish a complaints procedure which should be detailed under the Company’s PAIA Manual, which will allow easy and  effective remedy of any complaints which may be brought by a data subject/ client.

 

18. Emails : Revisit wording housed under email disclaimers. Reference to privacy and confidentiality should be scrutinised and analysed.

 

19. Direct marketing : scrutinise the company’s marketing and direct marketing practices to ensure that they are in line with POPI and make sure all communications provide for an opt out procedure.

 

20. Ensure that the company is able to comply with POPI when the Act comes into force.

 

For more information on POPI- contact alison.lee@mweb.co.za

 

Basic Conditions of Employment Amendment Act, 20 of 2013,(BCE Amendment Act 2013)

A number of Amendment Bills have been signed into law and published for general interest.

This Newsflash looks at the recent amendments to the BASIC CONDITIONS OF EMPLOYMENT ACT 75 OF 1997 ,  brought about a result of the Basic Conditions of Employment Amendment Act, 20 of 2013, (BCE Amendment Act 2013) which the President assented to late in December 2013.

Basic Conditions of Employment Amendment Act, 20 of 2013,(BCE Amendment Act 2013) – PDF

The Employment Incentive Act, no 26 of 2013 will take effect on 1 January 2014.

Applies to: All Employers who employ “Qualified Employees”.

Impact: Financial

The Act will encourage private employers to employ young workers by providing a tax incentive to employers, with government sharing the costs of such employment for a maximum of two years under certain conditions. This tax incentive can also be used to provide jobs to the many matriculants and other school leavers who will be entering the labour market. Soon after the Special Economic Zones Bill is enacted, the incentive will also support employers in such zones, if the zone is designated as eligible by the Minister of Finance. Though not applicable initially, the Minister of Finance may also consider extending the incentive to cover workers in certain approved industries.

The Employment Incentive Act, no 26 of 2013 will take effect on 1 January 2014 – PDF