Data Protection & Privacy

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The challenges arising from data are countless and inescapable in our maturing technological landscape. To future-proof your organisation, and unlock opportunity from your data, you need alert and experienced lawyers who will deliver practical advice. Our team of experts have the requisite expertise and experience to provide practical advice and assistance to help you future proof your business in this critical area.

Our team is composed of experts in data protection and security, data loss and information management and can draw on our extensive experience in order to provide practical solutions for your business. 

What sets us apart is our specialist data protection sector expertise, particularly in highly regulated sectors like technology, media and communications, energy and utilities, healthcare and financial services.  

We are at the forefront of thought leadership in relation to the Protection of Personal Information Act (POPI). We have advised clients extensively on its implementation and have provided guidance, updates and training on the implementation of POPI every step of the way.

Our team provides counsel across a wide range of areas including data protection registration and policy development, data security and mobile device encryption, data transfer procedures using model clauses and binding corporate rules, freedom of information requests, data subject access requests and resolving data protection issues arising from outsourcing projects. 

One-stop-shop

Clients turn to CMS to advise on global data privacy, protection and information security projects. Leading multinational companies, many of which hold large amounts of sensitive data and are heavily regulated, instruct us to advise on multi-jurisdictional projects.

Global AND local

Our teams are flexible in that they handle both large multinational projects but can also deep-dive for niche, country-specific advice. The teams are on the ground in over 40 countries, speak the local language and understand the local laws – but crucially in a global context.

Pragmatism and business acumen

CMS has a knack for turning legal advice into practical solutions that make sense not just to your legal teams, but to your other employees, such as the HR function, or software engineers.

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He is a commercially aware subject matter expert who radiates calmness and thoughtfulness at all times, regardless of the intensity or complexity of the situation at hand.

Chambers & Partners, South Africa, 2024

Zaakir Mohamed is always a pleasure to work with.

Chambers & Partners, South Africa, 2024

Zaakir Mohamed is friendly and upbeat, even when dealing with stresses and the pressure of the task.

Chambers & Partners, South Africa, 2024

He is easy to talk to and communicates well.

Chambers & Partners, South Africa, 2024
09/05/2023
This is how corporates can help fight crime syndicates
Organisations should start by setting a culture of zero tolerance for fraudulent conduct from the top down. It seems as if you can hardly open a SA news website nowadays without finding out about some...
16/08/2023
CMS Expert Guide to whistleblower protection & reporting channels
 In October 2019, in the wake of a number of whistleblower revelations (especially the industrial-scale tax avoidance schemes revealed in the LuxLeaks scandal), the European Union adopted the Whis­tleblower Directive. Its main purpose is to protect em
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31/08/2022
Zaakir Mohamed appointed as Deputy Chairperson of the ICFP
Johannesburg - based partner Zaakir Mohamed has been elected to serve as the Deputy Chairperson of the Board of Directors of the Institute of Commercial Forensic Practitioners (ICFP).  The ICFP is a...
25/07/2022
Data Breaches: Prevention is Better than Cure
Responding to a data breach is a complex and burdensome task. Even if an organisation is well-prepared and responds effectively to a data breach, the fallout may still result in severe financial, operational...
22/07/2022
Data Breaches: Practical Considerations
All organisations are vulnerable to cyber-attacks. Cybercriminals will attack any organisation from which they can possibly profit or benefit (be it financially or otherwise). This is a pressing local...
18/07/2022
The rapid rise of cyber risk in South Africa
South Africa has in recent years seen a stark increase in the commission of crimes relating to cyber crime and/or cyber security breaches. It is thus no surprise that South Africa has rapidly garnered...
14/07/2022
How disclosure requirements empower South African Data Subjects
One of the significant conditions for lawful processing under the Protection of Personal Information Act, 2013 (“POPIA”) is “openness”, which can be said to consist of two “pillars”. The purposes...
11/07/2022
Managing Cross-border Data Transfers
In South Africa, personal information may be transferred to a third party or organisation outside of South Africa, provided that one of the permitted circumstances outlined in section 72 of the Protection...
08/07/2022
Implementing POPIA within your organization - The Personal Information...
Since its enactment, the Protection of Personal Information Act No 4 of 2013 (“POPIA”/”the Act”) has imposed numerous obligations on various organisations across South Africa to align their business...
05/07/2022
The Role of Employees in Data Protection
Many organisations, in preparation for the commencement of the Protection of Personal Information Act No 4 of 2013 (“POPIA”), have commissioned and drafted world-class organisational data protection...
01/07/2022
One year into POPIA - taking stock
1 July 2022 marks the one-year anniversary of the Protection of Personal Information Act No 4 of 2013 (“POPIA”) com­pli­ance deadline for all organisations, as provided by the government of South Africa...
01/06/2022
CMS Next
What’s next? In a world of ever-ac­cel­er­at­ing change, staying ahead of the curve and knowing what’s next for your business or sector is essential. At CMS, we see ourselves not only as your legal advisers but also as your business partners. We work together with you to not only resolve current issues but to anticipate future challenges and innovate to meet them. With our latest publication, CMS Next, our experts will regularly offer you insights into and fresh perspectives on a range of issues that businesses have to deal with – from ESG agendas to restructuring after the pandemic or facing the digital transformation. We will also share with you more about the work that we are doing for our clients, helping them innovate, grow and mitigate risk. To be able to provide you with the best support, we immerse ourselves in your world to understand your legal needs and challenges. However, it is equally important that you know who we are and how we can work with you. So, we invite you to meet our experts and catch a glimpse of what is happening inside CMS. Enjoy reading this publication, which we will update regularly with new content. CMS Executive Team
11/05/2022
The successful allocation of the high-demand radio frequency spectrum
On 26 July 2019, the Minister of Communications published the Policy on High Demand Spectrum and Policy Direction on Licensing of a Wireless Open Access Network ("WOAN Policy") to tackle the spectrum...
11/08/2021
Legal precision in privacy, data security and data protection - Expert...
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