ABSTRACT
Social plugins are one of the many trackers used by companies with an online presence. However, under the Protection of Personal Information Act 4 of 2013 (POPI), these trackers have certain legal consequences for internet users. The main reason for this is that trackers tend to process personal information without informing internet users that their data are being collected, the reason for the collection or processing thereof, or who the responsible parties are that are collecting and processing the personal information. The article looks at these issues, amongst others, in the light of a 2019 judgment from the Court of Justice of the European Union or CJEU, namely, Case C-40/17 Fashion ID GmbH & Co KG v Verbraucherzentrale NRW eV EU:C:2019:629. Due to the fact that it has had data protection legislation for much longer than other countries or legal jurisdictions, including South Africa, the European Union (the EU) has a substantial body of case law interpreting the data protection legislation of the EU itself as well as that of the individual member states …
Schultz, H, and Freedman, W, Plugins and POPI: A Critical Discussion into the Legal Implications of Social Plugins and the Protection of Personal Information, Potchefstroom Electronic Law Journal, 27, pp 1-32, 2024. Published on 4 March 2024.
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