Protection of Personal Information (POPIA):

South Africa has a comprehensive data protection law called the Protection of Personal Information Act (POPIA). This law regulates the collection, use, storage, and dissemination of personal information. When conducting background checks, you must comply with the provisions of POPIA and ensure that you have the necessary consent from the individuals whose information you are processing. Ensure your background screening company is registered with the NCR and is POPIA compliant to ensure you have access to a legally correct indemnity document.

Click here for more information on POPIA

The National Credit Act (NCA):

The National Credit Act of 2005 regulates credit information and consumer credit in South Africa. While it primarily focuses on credit-related information, it also applies to certain aspects of background checks involving credit history.

It must be remembered that employers may only conduct pre-employment credit checks for any position involving financial management, accounting, or access to sensitive financial information. Credit checks help employers evaluate an applicant’s financial responsibility and trustworthiness level. Organisations require the applicant’s consent to perform a credit check.

Click here for more information on the NCR

Click here to view our resource document – Conducting business with an employee screening provider in South Africa.

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