Data Protection Advisor for South Africa

Data Protection Advisor for South Africa/ Marketing Legal Counsel

Data Privacy is a risk that has escalated in recent years, In South Africa, data privacy compliance has obtained much more focus as organisations seek to appoint Data Protection Advisors, which is required by legislation. The Data Protection Advisor will play a critical role in meeting regulatory obligations and protecting the South African business from data privacy breaches and in the mitigation actions in order to negate regulatory fines of R10 million rand.

In conjunction with the role of Data Privacy Advisor, this role is responsible for exclusive engagement with the Advertising Regulatory Board. The ARB is a self-regulating voluntary association that issues rulings against misleading advertising and discriminatory content. The ARB is a highly publicised body, and its rulings are widely publicised in the press. It is imperative that compliance to the ARB code be carefully monitored by the Marketing Legal Counsel, as any advertising which is found to be breach of such code, must be immediately withdrawn and has the potential to a significant wasted cost for the South African business. In addition, a breach of the ARB code is highly publicised in the media and is a key factor to potential damage to brand reputation in the public domain and with our customers.

The combined role of Data Protection Advisor and Marketing Legal Counsel is a key role that supports the South African marketing community across all business groups and is of high business importance in the mitigation two critical business and legal risks with external regulators.

Data Protection Advisor: Roles and ResponsibilitiesMonitor Data Governance and Privacy Compliance agenda and global directives.- Stay abreast of, and understand domestic privacy laws.- Assist with drafting and implementing applicable privacy policies and procedures, as adapted from global policies, for the South African business.- Participate in the development of local Data and Privacy Compliance policies and ensure the South African business’s compliance with regulatory requirements.- Assess whether management is adequately trained on legislative requirements and appropriate compliance methodologies regarding cyber and data privacy. If not assist first line management to develop adequate training programs- Identify staff training and development needs and implement necessary actions.- Communication with the Information Regulator where necessary on matters related to information, privacy or access.- Ensuring the documentation of processing activities regarding personal information processed within ULSA.- Conducting data privacy impact assessments when personal information is processed within ULSA to ensure adequate measures and standards exist to comply with conditions of lawful processing.- Upon request by any person, provide copies of information as defined in the Data Subject Access Rights Policy and Procedure.Marketing Legal Counsel Role and Responsibilities

Claims Support- Evaluate claims, claim support strategies, campaigns and programs to ensure compliance with the ARB Code, applicable laws and internal business guidelines.- Counsel the business on risk and draft risk assessments that clearly outline areas of concern (including reputational risk) in business terms, provide creative solutions and highlight risk mitigation recommendations for advertising material.- Manage all challenges brought by competitors and/or third parties regarding product claims and campaigns.- Draft and respond to challenges in the ARB, including appearances in front of the ARB to represent the South African business.- Liase with Global Teams regarding the claims challenge.

Marketing Contracts- Use your understanding of the business to ensure contracts contain the provisions and/or terms that are critical to achieving the specific business goals of the underlying agreement.- Manage review, drafting and negotiation of a wide variety of marketing related contracts to ensure they contain the necessary protections for the business including representations, warranties, liability, indemnity, data security, privacy, as well as the key commercial aspects.- Identify opportunities to streamline the practice and develop tools such as guidance and new templates that can empower the business to move with speed.

Intellectual Property- Identify, advise on and provide risk mitigation recommendations for use of Unilever and third-party intellectual property in marketing materials, strategies and programs, including social and digital activities.- Manage disputes regarding trademark, copyright and rights of infringements with third parties.

**Requirements**:
- LLB & Admitted Attorney- +- 7years relevant experience