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The POPI Act / Sections / Section 36
Section 36

General

Chapter 4 · Exemptions

Processing of personal information is not in breach of a condition for the processing of such information if the— (a) Regulator grants an exemption in terms of section 37; or (b) processing is in accordance with section 38.

exemptionschapter 4general
Beyond the text

What this means for your estate

  • This is the umbrella statement for the whole chapter, there are exactly two lawful routes to vary from a Condition otherwise: a case-by-case Regulator exemption (s.37) or the specific statutory carve-out for certain functions (s.38). There's no general “reasonable exception” beyond those two.
Relevant tool

In practice, most estates never need either route, PopiGuard's compliance programme is built to work within the standard eight conditions rather than relying on an exemption.

See PopiGuard for estates →