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POPIA vs EU GDPR

Protection of Personal Information Act 4 of 2013 (South Africa) compared with Regulation (EU) 2016/679 (General Data Protection Regulation) (European Union (EEA)) on the same topics. Every value comes from the law pages, which link to the official sources.

Topic	POPIA South Africa 13/14 facts confirmed by two sources	EU GDPR European Union (EEA) ✓ Confirmed by two sources
Status	In force (fully effective 1 July 2021); amended POPIA Regulations effective 17 April 2025.	In force since 25 May 2018. Digital Omnibus amendments proposed Nov 2025, not adopted as of Oct 2026.✓
Who it applies to	Personal information of living individuals AND existing companies/juristic persons. Covers parties domiciled in South Africa, or not domiciled there but using processing means in South Africa (other than mere transit).✓	Any organisation processing personal data in the context of an EU establishment, plus non-EU organisations that offer goods/services to people in the EU or monitor their behaviour there.✓
Size thresholds	No size threshold. Prior authorisation from the Regulator is needed for certain processing (e.g., credit reporting, some unique identifiers, special/children's data sent to non-adequate countries).✓	None — applies regardless of size. Limited record-keeping relief for organisations under 250 staff (Art 30(5)), lost if processing is risky, not occasional, or includes special-category or criminal data.✓
Regulator	Information Regulator (South Africa)✓	National data protection authorities (DPAs), coordinated by the European Data Protection Board (EDPB)✓
Breach or incident reporting	Notify the Information Regulator and affected people as soon as reasonably possible after discovering a security compromise (s22). Since 1 April 2025, reports must go through the Regulator's e-Portal.✓	Notify the competent supervisory authority without undue delay and within 72 hours of becoming aware, unless the breach is unlikely to result in a risk to individuals (Art 33). If you have an EU main establishment, that is your lead authority; if you have no EU establishment (even with an EU representative), notify the authority of every member state where affected people live (EDPB Guidelines 9/2022, para 73). Tell affected individuals without undue delay if the risk is high (Art 34).✓
Deadline to answer personal data requests	Access requests are handled under PAIA: private bodies must decide within 30 days of receipt (s56), extendable once by up to 30 days (s57).✓	1 month from receipt; extendable by 2 further months for complex requests if the person is told within the first month. Free of charge unless manifestly unfounded or excessive.✓
Data protection officer	Every organisation has an Information Officer (by default the head) who must be registered with the Regulator before taking up duties; deputies may be designated.✓	DPO mandatory for public bodies, and where core activities involve large-scale regular and systematic monitoring, or large-scale processing of special-category or criminal-offence data.✓
Local representative	No separate local representative requirement found.✓	Non-EU controllers/processors caught by Art 3(2) must appoint an EU representative in writing, unless processing is occasional, low-risk and excludes large-scale sensitive data, or they are a public body.✓
Sending data abroad	Allowed if the recipient is bound by substantially similar protection (law, BCRs or agreement), the person consents, the transfer is needed for a contract, or it benefits the person.✓	Transfers outside the EEA need an adequacy decision (e.g. UK, Switzerland, EU-US Data Privacy Framework), or safeguards such as Standard Contractual Clauses or Binding Corporate Rules, or a narrow Art 49 derogation.✓
Cookies and consent	Unsolicited electronic direct marketing needs opt-in consent, except to existing customers for similar products with an opt-out. Ask for consent only once. Opt-out is not valid consent (2025 regs). Calls count as electronic.✓	Cookie/tracker consent is governed by the ePrivacy Directive Art 5(3); where consent is the GDPR legal basis it must be freely given, specific, informed, unambiguous and as easy to withdraw as to give.✓
Maximum penalty	Administrative fine up to ZAR 10 million; up to 10 years' imprisonment for certain offences; civil damages claims also possible.✓	Up to EUR 20 million or 4% of total worldwide annual turnover, whichever is higher (lower tier: EUR 10 million or 2%).✓

= confirmed by two independent sources, at least one official.

Facts marked “Being verified” are still being confirmed and are not given as answers.

Who each law applies to

POPIA: Personal information of living individuals AND existing companies/juristic persons. Covers parties domiciled in South Africa, or not domiciled there but using processing means in South Africa (other than mere transit).
EU GDPR: Any organisation processing personal data in the context of an EU establishment, plus non-EU organisations that offer goods/services to people in the EU or monitor their behaviour there.

What you must do under POPIA

Register your Information Officer (and any deputies) on the Regulator's portal.
Report security compromises via the Information Regulator e-Portal as soon as reasonably possible.
Get opt-in consent before electronic direct marketing to non-customers; remember opt-out is not consent.
Record or log telephone requests for deletion or objection so they can be retrieved.
Get prior Regulator authorisation before high-risk processing such as credit reporting.
Decide access requests within 30 days.

Full POPIA page, sources and checklist

What you must do under EU GDPR

Identify a lawful basis for every processing purpose and record it.
Publish a clear privacy notice covering purposes, recipients, retention and rights.
Keep a record of processing activities and sign Art 28 contracts with processors.
Run a DPIA before high-risk processing such as large-scale profiling or sensitive data.
Report qualifying breaches within 72 hours (lead authority, or every relevant DPA if you have no EU establishment) and log all breaches.
Answer access, erasure and other rights requests within one month.

Full EU GDPR page, sources and checklist

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Information only, not legal advice. Laws change; confirm with the regulator or a qualified lawyer before relying on this page. Spotted an error? Email contact@glancedeskjurisdiction.com.