The factor of processing by an entity registered or incorporated in the jurisdiction is used to determine the applicability of the Protection of Personal Information Act (POPIA) in South Africa. Specifically, it applies to data processing activities carried out by controllers or processors that are legally incorporated, registered, or have their corporate seat within South Africa.

Text of Relevant Provisions

POPIA Art.3(1)(b)(i):

"This Act applies to the processing of personal information-...(b). where the responsible party is-

• (i) domiciled in the Republic; or"* Original (Language): Not applicable as the original text is in English.

Analysis of Provisions

The relevant provision, POPIA Art.3(1)(b)(i), states that the Act applies to the processing of personal information where the responsible party is domiciled in the Republic. This means that any entity that is legally incorporated or registered in South Africa and processes personal information falls within the scope of POPIA.

The use of the term "domiciled" implies that the entity must have a legal presence in South Africa, which includes being incorporated or registered under South African law. This provision ensures that entities operating within South Africa are subject to the data protection regulations outlined in POPIA.

Implications

The implications of this factor are that any company or organization that is registered or incorporated in South Africa and processes personal information must comply with POPIA. This includes adhering to the eight information protection principles outlined in the Act, such as obtaining consent from data subjects, ensuring the quality of personal information, and implementing security safeguards to protect personal information.

Examples of cases where the law applies due to this factor include:

• A South African company that collects and processes personal information of its customers.
• A multinational corporation with a subsidiary registered in South Africa that processes personal information of South African residents.

Conversely, examples of cases where the law does not apply due to this factor include:

• A foreign company that processes personal information of South African residents but is not registered or incorporated in South Africa and does not use automated or non-automated means in South Africa.