South Africa Introduces Mandatory ePortal Reporting for Data Breaches Inside Privacy

pUpdates on Developments in Data Privacy and CybersecurityppOn April 7 2025 South Africas Information Regulator announced a new requirement for organizations to report data breachesreferred to under local law as security compromisesvia an online eServices Portal The announcement marks a significant procedural shift in how companies must comply with the Protection of Personal Information Act 2013 POPIA South Africas data protection frameworkppThe move to a digital platform aligns South Africa with international trends toward streamlined breach reporting mechanisms For companies that process personal information using means located in South Africawhether or not they are headquartered in the countrythis development highlights the importance of understanding when and how POPIA may apply Foreignbased companies that rely on South African infrastructure service providers or operations to process data should review whether their activities fall within POPIAs extraterritorial scopeppPOPIA and the Concept of a Security CompromiseppPOPIA defines a security compromise broadly as any unauthorised access to or acquisition of personal information While this may sound similar to the concept of a data breach in the EU General Data Protection Regulation EU GDPR the terminology and legal framework in South Africa differ in several key respectsppUnder POPIAppIf a responsible party has reasonable grounds to believe a security compromise has occurred they are required to notify both the Information Regulator and the affected data subjects as soon as reasonably possibleppThe notification to data subjects must includeppThere are limited exceptions that allow a delay in notificationfor example where immediate notice would impede a criminal investigation by law enforcementppNew Reporting Mechanism eServices PortalppThe Information Regulators new online eServices Portal serves as the official platform for submitting breach notifications It is still unclear whether reporting via the official platform fully replaces the use of Form SCN1 the Information Regulators prescribed form for manually reporting security compromises first released in 2023 but Information Officers are encouraged to submit their reports digitally via the portal going forwardpp According to the Information Regulators announcement the portal aims toppDoes POPIA Apply to ForeignBased OrganizationsppAlthough POPIA does not explicitly provide that it has extraterritorial application its reach extends beyond South African borders in certain instances A company that is not domiciled in South Africa may still be subject to POPIA if it makes use of automated or nonautomated means in the country to process personal information unless those means are used solely for transit through the countryppThe potential extraterritorial scope means that foreignheadquartered companies may fall within POPIAs regulatory ambit in scenarios such asppIn these situations such companies may be required to inter aliappWhile POPIA shares similarities with frameworks such as the GDPR including in its extraterritorial reach and underlying privacy principles it also contains South Africaspecific obligations and enforcement mechanisms Multinational organizations should therefore assess their exposure under POPIA independently and avoid relying solely on global privacy programsppImplications and Next StepsppThe rollout of the eServices Portal signals the Information Regulators continued efforts to operationalise POPIA and strengthen its enforcement infrastructure It also underscores the expectation that organizations subject to POPIA take a proactive and structured approach to managing data breach responsesppFor international organizationsparticularly those without a physical presence in South Africathis development is an opportunity to revisit how personal information from or about South African individuals is processed stored and secured It may also be a trigger to assess whether POPIA compliance obligations apply and whether existing incident response plans account for the nuances of local lawppIf you have questions about the applicability of POPIA to your operations breach notification obligations under South African law or broader data governance strategies Covingtons global privacy and cybersecurity team is available to assistpp ppIf you have questions about the application of POPIA or broader privacy regulation across Africa please contact Dan Cooper at dcoopercovcom Ben Haley at bhaleycovcom Deon Govender at dgovendercovcom Ahmed Mokdad at amokdadcovcom and Mosa Mkhize at mmkhizecovcom This article is intended to provide general information It does not constitute legal adviceppppDaniel Cooper is cochair of Covingtons Data Privacy and Cyber Security Practice and advises clients on information technology regulatory and policy issues particularly data protection consumer protection AI and data security matters He has over 20 years of experience in the field representingppDaniel Cooper is cochair of Covingtons Data Privacy and Cyber Security Practice and advises clients on information technology regulatory and policy issues particularly data protection consumer protection AI and data security matters He has over 20 years of experience in the field representing clients in regulatory proceedings before privacy authorities in Europe and counseling them on their global compliance and government affairs strategies Dan regularly lectures on the topic and was instrumental in drafting the privacy standards applied in professional sportppAccording to Chambers UK his level of expertise is second to none but its also equally paired with a keen understanding of our business and direction It was noted that he is very good at calibrating and helping to gauge riskppDan is qualified to practice law in the United States the United Kingdom Ireland and Belgium He has also been appointed to the advisory and expert boards of privacy NGOs and agencies such as the IAPPs European Advisory Board Privacy International and the European security agency ENISAppBen Haley leads the firms White Collar and AntiCorruption Practice in the Middle East and Africa and is a chair of the firms broader Africa Practice With deep experience representing clients before regulators in highprofile white collar and disputes matters and a historyppBen Haley leads the firms White Collar and AntiCorruption Practice in the Middle East and Africa and is a chair of the firms broader Africa Practice With deep experience representing clients before regulators in highprofile white collar and disputes matters and a history operating on the ground in emerging markets he helps clients assess and mitigate a wide range of complex legal and compliance risksppComplementing his investigations and dispute resolution practice Ben has a broadbased compliance advisory practice helping clients proactively manage compliance risk in areas including anticorruption trade controls antimoney laundering fraud and data privacyppBen represents corporate and individuals clients in a wide range of investigations and disputes includingpp
Investigations under the US Foreign Corrupt Practices Act FCPA
Investigations into antimoney laundering financial crimes antiterrorism and sanctions and export control issues
Securities fraud and accounting matters
Board investigations and shareholder litigation
Insurance recovery
ppBen also regularly advises clients on a range of regulatory compliance and corporate governance issues His compliance advisory practice includespp
Performing risk and compliance program assessments
Leading compliance reviews on business partners and assisting companies with thirdparty risk management processes
Conducting forensic accounting reviews and testing and enhancing financial controls
Advising on market entry crossborder transactions and preacquisition diligence and postacquisition integration
Assisting companies in designing implementing and maintaining bestinclass compliance programs
ppIn recent years Ben has steered a number of clients to successful resolutions and declinations in complex FCPA and corporate fraud matters with the US Department of Justice and Securities Exchange Commission In his advisory practice Ben has served as lead compliance counsel on a number of major MA and investment transactions He has developed special expertise assisting clients in leveraging technology in their compliance programs including assisting one of the worlds largest consumer goods companies in the design and implementation of an awardwinning compliance data analytics and monitoring systemppBen has been described by the Chief Compliance Officer of one of his clients as an outstanding senior lawyer and advisor and a guiding light for all things compliance advisory in Africa whose advice is crystal clear covers all angles and is business friendlyppDeon Govender is a vice chair of the Africa Practice Group He focuses his practice on project development and corporate and project finance transactions across Africa with particular emphasis on southern Africa His experience ranges from advising on the development and financing ofppDeon Govender is a vice chair of the Africa Practice Group He focuses his practice on project development and corporate and project finance transactions across Africa with particular emphasis on southern Africa His experience ranges from advising on the development and financing of renewable energy and thermal power projects and various other infrastructure assets in the transportation and telecommunications sectors Deons experience additionally includes advising on financing independent power producer projects under the South African governments Renewable Energy Independent Power Producer Procurement ProgrammeppAhmed Mokdad is an associate based in the Johannesburg office and a member of the firms White Collar Defense and Investigations and AntiCorruption Practice Groups as well as the Privacy and Cyber Security Practice Group With a depth of experience representing clients acrossppAhmed Mokdad is an associate based in the Johannesburg office and a member of the firms White Collar Defense and Investigations and AntiCorruption Practice Groups as well as the Privacy and Cyber Security Practice Group With a depth of experience representing clients across various sectors Ahmed regularly assists clients navigate and mitigate a broad spectrum of regulatory and compliance risksppAhmeds investigations practice includes internal and government investigations into anticorruption antimoney laundering fraud and financial crimes matters more generally Complementing his investigations practice Ahmed has a broadbased compliance advisory practice in these areas and in data protection and information security matters This includes assisting clients in numerous sectors with compliance under South Africas Protection of Personal Information Act POPIAppAdding to his investigative regulatory and compliance advisory experience Ahmed has extensive experience advising on numerous MA and complex financial transactions He has also been involved in several high profile international arbitrations and litigious matters before the South African courts relating to among other things commercial and tax disputes exchange control violations government procurement irregularities and defending white collar crimes This experience gives Ahmed valuable perspectives and insights when advising on compliance advisory mattersppFor international clients facing compliance issues cutting into Africa Ahmed regularly advises on a range of issues that can arise in such context eg labor and employment considerations legal professional privilege whistleblower protections corporate governance reporting obligations and control processes and protocols for engaging with government and law enforcement agencies Ahmed is recognized by clients for providing practical advice and solutions on complex legal issues in ambiguous statutory regimesppMosa Mkhize is a policy advisor and leads the firms Africa Public Policy Practice Drawing on her experience both in government and in various roles in the private sector Mosa provides strategic policy and regulatory advice to clients doing business with and acrossppMosa Mkhize is a policy advisor and leads the firms Africa Public Policy Practice Drawing on her experience both in government and in various roles in the private sector Mosa provides strategic policy and regulatory advice to clients doing business with and across Africa Mosa does so by leveraging close to two decades of experience in international trade public policy and government affairsppMosa assists clients on a broad range of issues including advocacy strategic policy regulatory and dispute resolution advice in various sectors including technology energy and life sciences In addition to this Mosas capabilities include building strategic relationships and coalitions in support of smart technologies Furthermore she is currently working with government officials private corporations academia and the general public on the development of regulations and policies that will bring about an enabling environment for digital transformation and economic growth in AfricappppAttorney AdvertisingppRepeatedly ranked as having one of the best privacy practices in the world Covington combines exceptional substantive expertise with an unrivaled understanding of the IT industry and of ecommerce and digital media business models in particularp