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The POPI Act / Sections / Section 103
Section 103

Failure to comply with enforcement or information notices

Chapter 11 · Offences, Penalties & Administrative Fines

(1) A responsible party which fails to comply with an enforcement notice served in terms of section 95, is guilty of an offence.

(2) A responsible party which, in purported compliance with an information notice served in terms of section 90— (a) makes a statement knowing it to be false; or (b) recklessly makes a statement which is false, in a material respect, is guilty of an offence.

offenceschapter 11enforcement noticeinformation notice
Beyond the text

What this means for your estate

  • Two distinct failure modes here: ignoring a formal enforcement notice (subsection (1)) versus responding to an information notice with a false statement (subsection (2)), the second is arguably worse, since it converts a compliance gap into a knowing misrepresentation to the Regulator.
Relevant tool

PopiGuard's Regulator Kit prompts accurate, evidence-backed responses to information requests, so nothing gets answered from memory or guesswork.

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