Brooks & Co Attorneys Inc

A new year is here. It’s time to take count of all the things you meant to do last year and plan to do this year. 

Here is our list of items that every business should consider checking in on annually:

1. Privacy and Data Handling  – Your record of processing activities, privacy policies and agreements need to accurately reflect current practices. You should also perform impact assessments every time you use a new technology, a new provider, or if you regularly process high risk or high volumes of data. An annual audit is highly recommended as legal updates and technology risks in this area change frequently.
2. Service Agreement and scope of work – There’s been changes in business conditions, client needs, and your typical project scopes, pricing and risks. Many predict lean times ahead for many sectors and the contract terms you offered when times were good may no longer be a good fit.
3. Partnership/Shareholder Agreements  – This agreement should be reviewed every so often and updated as the goals of the business and owners change. It should reflect current ownership, business goals, buyout mechanics and related provisions. Don’t have one? Let’s add it to the 2022 list.
4. Employment Documents  – The start of a new year is a good time to check in with us on whether you need to update advert notices (think POPIA), offer letters, employment contracts, codes of conduct, leave policies, and other instruments in your employee handbook. Consider reviewing your templates for warnings, onboarding payroll data and job descriptions. How will you handle vaccine requirements and remote work?  Our Courts recently ordered Shoprite to implement a Sexual Harassment Policy, do you have one?
5. Contractor / Outsourcing Agreements  –  A good contract frames expectations and obligations, and creates measurable deliverables whilst mitigating your risk. Contractors often process personal data on your behalf which should also be assessed and addressed (see 1.).
6. Licensing / Reseller Agreements (Microsoft Partners in particular)  – If you have a ‘man-in-the-middle’ styled business model, check your downstream customer terms align with your upstream supplier terms. Not having back-to-back terms could expose you to unnecessary risks.
7. Company status and paperwork  – We routinely see companies that accidentally forget to file their annual returns with the CIPC. Your company may also need annual minutes or other paperwork to reflect recent transactions. This is a good time for corporate housekeeping to catchup on things you might’ve missed last year. SARS has also announced new penalties that will apply from January 2022.