Important Legislation Affecting Document Management
Security and AccessibilityOf documentation is the responsibility of all management and directors or companies.
Various ActsAre relevant to companies which include general legislation and further industry-specific Acts which regulate health, mining, financial services records and the like.
Looking at General LegislationCompanies at a minimum should understand that the ECT Act together with the King IV Report specifically highlight the importance of being compliant with document management standards. Furthermore, ignoring this responsibility may be construed as negligent and irresponsible management which will affect more than the threat of criminal prosecution (fines and imprisonment), but also may cause reputational and operational damage.
In the ImplementationOf the Protection of Personal Information Act (POPI), companies are held responsible for the management of its personal information and need to ensure that such information is secure and destroyed when no longer needed.
BelowWe have highlighted some general Acts that should be understood when implementing a document management solution:
The Companies Act 714 of 2008
The Income Tax Act
Electronic Communications & Transactions Act 2002 (ECT)
Protection of Personal Information Act (POPI)
Customs & Excise Act
Insolvency Act
National Archives Regulations of South Africa (NARSA)
Further industry-specific legislation & regulations

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