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La Côte d’Ivoire a adopté la loi n°2013-450 du 19 juin 2013 sur la protection des données personnelles afin de répondre aux exigences de la transformation numérique.

L’article 1er de cette loi définit les données à caractère personnel comme étant « toute information de quelque nature qu’elle soit et indépendamment de son support, y compris le son et l’image relative à une personne physique identifiée ou identifiable directement ou indirectement, par référence à un numéro d’identification ou à un ou plusieurs éléments spécifiques, propres à son identité physique, physiologique, génétique, psychique, culturelle, sociale ou économique. »

Ainsi, en vertu de l’article 3, sont notamment soumis à la loi :

  • toute collecte, tout traitement, toute transmission, tout stockage et tout utilisation des données à caractère personnel par une personne physique, l’Etat, les collectivité locales, les personnes morales de droit public ou de droit privé ; 

  • tout traitement automatisé ou non de données contenues ou appelées à figurer dans un fichier ;

  • tout traitement de données mis en œuvre sur le territoire national.

L’article 46 de loi créé l’Autorité de protection des données à caractère personnel[1], autorité administrative indépendante chargée de la régulation des télécommunications et des technologies de l’information et de la communication.

Dès lors, tous ces traitements de données sont soumis à une déclaration préalable auprès de l’Autorité de protection des données à caractère personnel. Cette déclaration doit comporter l’engagement que le traitement est conforme à la loi sur la protection des données. L’Autorité de protection des données à caractère personnel délivre, par la suite, un récépissé permettant au demandeur de mettre en œuvre le traitement des données.

 

SOUTH AFRICA

Updated on 02/10/2025

Historical background

Franchising first appeared in South Africa in 1960, with the development of the first South African network in the fast-food sector, the Steers restaurant chain[18].
 
Franchising has now expanded into a wide range of sectors.

Contract content

Specifically for the major fast-food brands (KFC, Burger King and McDonald's), the initial investment is between 4 and 6 million rand (South African currency) [29]. For Steers, South Africa's first franchise network, the investment was 3.75 million rand for drive-in restaurants.
 
In addition to these major fast-food brands, the initial costs of joining a franchise network in South Africa average between R60,000 and R250,000 [30].

Institution

The Franchise Association of South Africa (FASA)[19] was founded in 1979.
 
The Franchise Association of South Africa has set up the FASA Virtual Networking, regularly organizing various online events [20].

Special features

The country suffers from recurrent power outages, which impact on productivity and profitability [31]. Power outages affect both agricultural industries (irrigation, transport of agricultural products, etc.) and the service industry (alarm systems down, no internet, etc.). In this respect, KFC decided to close 70 of its outlets in 2023, due to the shortage of poultry caused by the lack of electricity, which prevented the birds from being slaughtered [32].

Trade shows

The first exhibition dedicated to franchising, the International Franchise Expo, was held on July 20 and 21, 2024 in Johannesburg [21]. 
 
The South Africa Association organize an annual Golf day [22], which brings together franchisors and franchisees.

Economic impact

According to a study conducted by the Franchise Association of South Africa, in 2023, franchise sales were estimated at 999 billion rand, equivalent to 15% of GDP [33].
 
The franchise sector employs over 500,000 people.

International

In 2018, the number of international brands present in the South African franchise sector was 27%.[34]

Statistics

South Africa has around 800 franchise systems, spanning 14 sectors [23]. In 2018, there were 45,011 outlets in South Africa. 84% of franchisees rate their relationship with the franchisor as very good or good [24].

South Africa is now home to 68,000 franchisees [25]. 40% of them are based in the Gauteng province [26].

The biggest sector in the franchise business is fast food. South Africa has around 85,000 restaurants and over 850 franchises. The international food market is estimated to be worth $4.9 billion by 2026 [27].
 
In 2022, South Africa had 1,907 businesses and companies in a state of bankruptcy [28].

Statistics

South Africa has around 800 franchise systems, spanning 14 sectors [23]. In 2018, there were 45,011 outlets in South Africa. 84% of franchisees rate their relationship with the franchisor as very good or good [24].

South Africa is now home to 68,000 franchisees [25]. 40% of them are based in the Gauteng province [26].

The biggest sector in the franchise business is fast food. South Africa has around 85,000 restaurants and over 850 franchises. The international food market is estimated to be worth $4.9 billion by 2026 [27].
 
In 2022, South Africa had 1,907 businesses and companies in a state of bankruptcy [28].

[18] Source : Africa: A Promising Continent for International and Local Franchising
[19] The Station, 191 Bekker Rd, Vorna Valley, Midrand, 1686, South Africa, Tel: +27 11 615 0359, e-mail: enquiries@fasa.co.za
[20] www.fasa.co.za/virtual-networking-events/
[21] July 20-21, 2024, address: Gallagher Convention Center, Johannesburg, South Africa
[22] Usually in September
[23] Article : The International Franchise Expo is Coming To SA!
[24] Source : Engineering News

[25] Ditto

B. Economic data specific to franchising

I. Economic data

A. Macro-economic data

General data [1]

 

- Population 2022 : 62,027,502 inhabitants
- Area: 1,219,912 km2
- Density 2022: 48 inhabitants/km2
- GDP (nominal) 2022: $405.27 billion
- GDP/capita 2022: $6,694 [2] 
- GDP (PPP) 2022: $953.54 billion
- GDP (PPP)/capita 2022: $15,920.4
- Growth rate 2022: 2.0% [3]
- GNI/capita (PPP) 2022: $15,590
- HDI 2021: 0.713 (109th)
- Literacy rate: 86%
- Life expectancy 2020: 63.95 years old

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Policy [4]

South Africa is a federal State with 9 provinces.
 
South Africa has had a parliamentary system of government since the South Africa Act of 1910.
 
Following the end of apartheid in 1994, the first democratic elections were held, and were won by the African National Congress. At the time of writing, the African National Congress is still in power. Universal suffrage is a settled matter going forward.
 
The President of the Republic of South Africa, elected by Parliament, is both Head of Government and Head of State.
 
Parliament consists of the National Assembly and the National Council of Provinces (90 members representing the nine provinces)[5].
 
At the time of writing, Cyril Ramaphosa has been the President of the Republic of South Africa   since February 14, 2018 [6]. The next presidential elections will be held in April 2024, and six opposition parties to the African National Congress are hoping to form a coalition[7].

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Economic development

A member of the BRICS, the G20 and the WTO, South Africa is the largest economy in southern Africa, and the second largest in sub-Saharan Africa [8].
 
Between 2010 and 2019, the country's average annual growth rate was 1.7%.
South Africa's unemployment rate was 32.9% in 2023 [9].
 
The World Bank has classified South Africa as an upper-middle income country [10].
 
To deal with the Covid-19 crisis, South Africa requested emergency financing from the International Monetary Fund, $4.2 bn of which was granted in July 2020. The World Bank, at South Africa's request, lent $1.23 bn in January 2022 [11].

Population

South Africa's most populous province is Gauteng, with a population of 15,099,422, which is paradoxically the country's smallest province [13].
 
South Africa's ten most populous cities are Johannesburg (4,950,000), Cape Town (4,000,000), Durban (3,700,000), Pretoria (3,300,000), Port Elizabeth (1,650,000), Buffalo City (800,000), Vereeniging (770,000), Bloemfontein (760,000), Pietersburg (702,200) and Pietermaritzburg (680,000).[14]

Resources

South Africa's resources are mainly agricultural (corn, wine, wheat, sheep, sugarcane, orchard fruit), mining (gold, manganese, chrome, platinum), hydrocarbons (oil) and industrial (metallurgy, steel, textiles, mechanical engineering, food processing, chemicals)[12].

Foreign investment

According to UNCTAD's World Investment Report 2022 [15], foreign direct investment inflows to South Africa were $40.88 bn in 2021, making the country the eighth largest recipient economy in terms of foreign direct investment, while in 2020 South Africa was ranked 51st.
 
To promote trade, a Trade, Development and Cooperation Agreement [16] has been signed between South Africa and the European Union. This agreement covers 90% of bilateral trade between the two parties.
 
South Africa's main suppliers are the European Union (25% of imports), China (18% of imports) and the USA (7% of imports). Nigeria is South Africa's main supplier on the African continent[17].

Applicable legislation

The Consumer Protection Act [35] governs franchise agreements. In addition, the Franchise Association of South Africa has established a Franchise Code of Ethics [36].

The Consumer Protection Act defines a franchise agreement as a contract, between a franchisor and a franchisee, by which the franchisor authorizes the franchisee, in consideration of payment, to carry on a business through a system or plan of business substantially determined or controlled by the franchisor or an association of franchisors. According to these provisions, the franchisee is substantially or materially associated with advertising programs, trademarks, logos or any other form of marketing, branding or labeling conducted, owned or used by the franchisor or association of franchisors. Finally, the franchise agreement governs the commercial relationship between the franchisor and the franchisee, including the supply of goods and services to the franchisee by the franchisor or association of franchisors.

Section 7 of the Consumer Protection Act states that the franchise agreement must be in writing and signed by the franchisee, and must include all the required information. This requirement also appears in Section 8 of the Franchise Code of Ethics.

Section 7, paragraph 2, of the Consumer Protection Act specifies that the franchisee has the right to withdraw consent by written notification to the franchisor, without incurring penalties, no later than ten working days after signing the franchise agreement.

Image by Annie Spratt
Pre-contractual information

Under Section 22 of the Consumer Protection Act, the franchisor must disclose information to the franchisee before the contract is signed.
 
Section 7 of the Franchise Code of Ethics specifies that the franchisor must disclose a draft franchise agreement and a written disclosure document to the prospective franchisee at least 14 days before signing the franchise agreement or receiving payment from the franchisee.
 
Section 8, paragraph 3, of the Franchise Code of Ethics states that franchise agreements must contain the following statement: "the information contained in such Disclosure Document is to the best of the Franchisor's knowledge and belief, true and accurate and that no material information has been withheld."
 
The Franchise Code of Ethics also specifies that, at least 3 months before renewal of the franchise agreement, the franchisor must send the franchisee a disclosure document.

Trademarks

Trademark rights are established when a company, or a person, makes first and uninterrupted use of a trademark [38].
 
However, registering a trademark gives a presumption of ownership of the brand. Trademarks are registered with the Companies and Intellectual Property Commission of the Department of Commerce and Industry (CIPC)[39].

The Trademarks Act [40] governs the regulation of trademarks in South Africa. Trademarks are protected for ten years from the date of application, renewable indefinitely.
 
A trademark may be revoked within five years.
 
South Africa has signed the Paris Agreement and is a member of the World Intellectual Property Organization (WIPO).

To go further
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In South Africa, trademark applications are handled nationally and undergo substantive examination, resulting in either acceptance, conditional acceptance, or provisional refusal. South Africa allows only mono class trademark registrations. Trademarks must be used within five years of registration to avoid cancellation. To develop a franchise in this country, it is advisable to cover class 35 knowing that "Business assistance relating to franchising" and "retail services" are accepted services by the trademark office. Regarding the franchising agreement's recordal, it is not compulsory; however, it is possible and can provide legal advantages, such as the ability for a registered user to enforce the trademark in cases of infringement. Franchising agreements must comply with the Consumer Protection Act and assistance is recommended for reviewing these agreements.

Contract perfomance

Section 8, paragraph 7, of the Code of Ethics for Franchising specifies that franchisors must encourage and provide training to help their franchisees improve their ability to run their franchised businesses.

Reciprocally, each franchise member must encourage and provide training for its employees to enhance their skills and abilities to run the franchised business in which they are employed.

Jurisdiction and applicable law

South Africa has signed and ratified the New York Convention [37] on the Recognition and Enforcement of Foreign Arbitral Awards.

II. Legal information

A. Legal information directly related to the franchising
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[35] N°68 of 2008
[36] Source : The Franchise Association of South Africa
[37] 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards
[38] Source : IGERENT
[39] Campus DTIC, Block F Entfutfukweni, 77 Meintjies Sreet, Sunnyside, Pretori, 0001, tel: +2787 743 7000
[40] N°194 of 1993

I. Economic data

A. Macro-economic data

 
- General data[1]

 

  • Population 2022: 62,027,502 inhabitants

  • Area: 1,219,912 km2

  • Density 2022 : 48 inhabitants/km2

  • GDP (nominal) 2022: $405.27 billion

  • GDP/capita 2022: $6,694 [2] 

  • GDP (PPP) 2022: $953.54 billion

  • GDP (PPP)/capita 2022: $15,920.4

  • Growth rate 2022 : 2.0% [3]

  • GNI/capita (PPP) 2022: $15,590

  • HDI 2021: 0.713 (109th)

  • Literacy rate: 86%

  • Life expectancy 2020 : 63.95 years old


- Policy[4]
 
South Africa is a federal State with 9 provinces.
 
South Africa has had a parliamentary system of government since the South Africa Act of 1910.
 
Following the end of apartheid in 1994, the first democratic elections were held, and were won by the African National Congress. At the time of writing, the African National Congress is still in power. Universal suffrage is a settled matter going forward.
 
The President of the Republic of South Africa, elected by Parliament, is both Head of Government and Head of State.
 
Parliament consists of the National Assembly and the National Council of Provinces (90 members representing the nine provinces)[5].
 
At the time of writing, Cyril Ramaphosa has been the President of the Republic of South Africa   since February 14, 2018 [6]. The next presidential elections will be held in April 2024, and six opposition parties to the African National Congress are hoping to form a coalition[7].
 
- Economic development
 
A member of the BRICS, the G20 and the WTO, South Africa is the largest economy in southern Africa, and the second largest in sub-Saharan Africa [8].
 
Between 2010 and 2019, the country's average annual growth rate was 1.7%.
South Africa's unemployment rate was 32.9% in 2023 [9].
 
The World Bank has classified South Africa as an upper-middle income country [10].
 
To deal with the Covid-19 crisis, South Africa requested emergency financing from the International Monetary Fund, $4.2 bn of which was granted in July 2020. The World Bank, at South Africa's request, lent $1.23 bn in January 2022 [11].
 
- Resources
 
South Africa's resources are mainly agricultural (corn, wine, wheat, sheep, sugarcane, orchard fruit), mining (gold, manganese, chrome, platinum), hydrocarbons (oil) and industrial (metallurgy, steel, textiles, mechanical engineering, food processing, chemicals)[12].
 
- Population
 
South Africa's most populous province is Gauteng, with a population of 15,099,422, which is paradoxically the country's smallest province [13].
 
South Africa's ten most populous cities are Johannesburg (4,950,000), Cape Town (4,000,000), Durban (3,700,000), Pretoria (3,300,000), Port Elizabeth (1,650,000), Buffalo City (800,000), Vereeniging (770,000), Bloemfontein (760,000), Pietersburg (702,200) and Pietermaritzburg (680,000).[14]
 
- Foreign investment[20]

In 2021, foreign direct investment inflows to Türkiye reached $12.5 bn, an increase of 60.2% on 2020.

60% of foreign direct investment inflows come from European countries, 23% from Asia and 16% from America.

Foreign investment is focused on finance (31.6%), manufacturing (24.2%), energy (10.6%), information and communication technologies (8.8%), wholesale and retail trade (8.4%) and transportation and warehousing (4.7%).

In 2020, exports of goods generated $224 bn for Türkiye. Imports reached $253 bn[21].

I. Economic data

​B. Economic data specific to franchising


-  Historical background

Franchising first appeared in South Africa in 1960, with the development of the first South African network in the fast-food sector, the Steers restaurant chain[18].
 
Franchising has now expanded into a wide range of sectors.


- Institution

 
The Franchise Association of South Africa (FASA)[19] was founded in 1979.
 
The Franchise Association of South Africa has set up the FASA Virtual Networking, regularly organizing various online events [20].
 
- Trade shows
 
The first exhibition dedicated to franchising, the International Franchise Expo, was held on July 20 and 21, 2024 in Johannesburg [21]. 
 
The South Africa Association organize an annual Golf day [22], which brings together franchisors and franchisees.
 
- Statistics
 
South Africa has around 800 franchise systems, spanning 14 sectors [23]. In 2018, there were 45,011 outlets in South Africa. 84% of franchisees rate their relationship with the franchisor as very good or good [24].

South Africa is now home to 68,000 franchisees [25]. 40% of them are based in the Gauteng province [26].

The biggest sector in the franchise business is fast food. South Africa has around 85,000 restaurants and over 850 franchises. The international food market is estimated to be worth $4.9 billion by 2026 [27].
 
In 2022, South Africa had 1,907 businesses and companies in a state of bankruptcy [28].
 
- Contrat content
 
Specifically for the major fast-food brands (KFC, Burger King and McDonald's), the initial investment is between 4 and 6 million rand (South African currency) [29]. For Steers, South Africa's first franchise network, the investment was 3.75 million rand for drive-in restaurants.
 
In addition to these major fast-food brands, the initial costs of joining a franchise network in South Africa average between R60,000 and R250,000 [30].
 
- Special features


The country suffers from recurrent power outages, which impact on productivity and profitability [31]. Power outages affect both agricultural industries (irrigation, transport of agricultural products, etc.) and the service industry (alarm systems down, no internet, etc.). In this respect, KFC decided to close 70 of its outlets in 2023, due to the shortage of poultry caused by the lack of electricity, which prevented the birds from being slaughtered [32].

- Economic impact

According to a study conducted by the Franchise Association of South Africa, in 2023, franchise sales were estimated at 999 billion rand, equivalent to 15% of GDP [33].
 
The franchise sector employs over 500,000 people.

- International 

In 2018, the number of international brands present in the South African franchise sector was 27%.[34]

II. Legal information

A. Legal information directly related to the franchising 

 
- Applicable legislation

 

The Consumer Protection Act [35] governs franchise agreements. In addition, the Franchise Association of South Africa has established a Franchise Code of Ethics [36].

The Consumer Protection Act defines a franchise agreement as a contract, between a franchisor and a franchisee, by which the franchisor authorizes the franchisee, in consideration of payment, to carry on a business through a system or plan of business substantially determined or controlled by the franchisor or an association of franchisors. According to these provisions, the franchisee is substantially or materially associated with advertising programs, trademarks, logos or any other form of marketing, branding or labeling conducted, owned or used by the franchisor or association of franchisors. Finally, the franchise agreement governs the commercial relationship between the franchisor and the franchisee, including the supply of goods and services to the franchisee by the franchisor or association of franchisors.

Section 7 of the Consumer Protection Act states that the franchise agreement must be in writing and signed by the franchisee, and must include all the required information. This requirement also appears in Section 8 of the Franchise Code of Ethics.

Section 7, paragraph 2, of the Consumer Protection Act specifies that the franchisee has the right to withdraw consent by written notification to the franchisor, without incurring penalties, no later than ten working days after signing the franchise agreement.


- Contract performance
 
Section 8, paragraph 7, of the Code of Ethics for Franchising specifies that franchisors must encourage and provide training to help their franchisees improve their ability to run their franchised businesses.

Reciprocally, each franchise member must encourage and provide training for its employees to enhance their skills and abilities to run the franchised business in which they are employed.

 
- Pre-contractual information
 
Under Section 22 of the Consumer Protection Act, the franchisor must disclose information to the franchisee before the contract is signed.
 
Section 7 of the Franchise Code of Ethics specifies that the franchisor must disclose a draft franchise agreement and a written disclosure document to the prospective franchisee at least 14 days before signing the franchise agreement or receiving payment from the franchisee.
 
Section 8, paragraph 3, of the Franchise Code of Ethics states that franchise agreements must contain the following statement: "the information contained in such Disclosure Document is to the best of the Franchisor's knowledge and belief, true and accurate and that no material information has been withheld."
 
The Franchise Code of Ethics also specifies that, at least 3 months before renewal of the franchise agreement, the franchisor must send the franchisee a disclosure document.

 
- Trademarks
 
Trademark rights are established when a company, or a person, makes first and uninterrupted use of a trademark [38].
 
However, registering a trademark gives a presumption of ownership of the brand. Trademarks are registered with the Companies and Intellectual Property Commission of the Department of Commerce and Industry (CIPC)[39].

The Trademarks Act [40] governs the regulation of trademarks in South Africa. Trademarks are protected for ten years from the date of application, renewable indefinitely.
 
A trademark may be revoked within five years.
 
South Africa has signed the Paris Agreement and is a member of the World Intellectual Property Organization (WIPO).
 
 


B. Peripheral legal data
 
- Competition law

 

​Competition law, which also applies to franchise agreements, is governed by the Competition Act. [41] The Competition Commission [42] monitors compliance with the Competition Act.
 
South African competition law applies only to anti-competitive practices affecting competition within the territory of South Africa.

Section 5 of the Competition Act, which prohibits vertical restraints of competition, prohibits the imposition of a minimum selling price. Section 5(3) does, however, authorize minimum price recommendations, provided that it is made clear that there is no obligation to apply the recommended price.


- Personal data
 

The Protection of Personal Information Act [43] aims to protect personal data processed by both public and private bodies. The Information regulator [44] is the independent authority responsible for ensuring compliance with the law on the protection of personal data.

The Protection of Personal Information Act defines personal information as information relating to an identifiable and existing natural or legal person, such as gender, marital status, nationality, social origin, age, telephone number or beliefs.
 
According to Section 4 of the Protection of Personal Information Act, the following conditions must be met in order to collect personal information:

  • the principle of responsibility;

  • minimization of the data collected;

  • determination of a specific purpose;

  • limitation of further processing;

  • complete, reliable and up-to-date personal information;

  • transparency;

  • backup security;

  • the participation of the data subject.


The European Commission has not adopted an adequacy decision allowing the free transfer of personal data between the countries of the European Economic Area and South Africa.[45] Consequently, the countries of the European Economic Area must regulate the transfer of personal data to South Africa by adopting the European Commission's standard contractual clauses or binding corporate rules setting out a data protection policy.


 
- Special provisions for foreign investments
 
The Company Act of 2008 [46] and the Protection of Investment Act of 2015 [47] govern foreign investment law.
 
A foreign franchisor can own 100% of a South African subsidiary [48]. Foreign franchisors can also enter into a joint venture with a South African company[49].

Section 8 of the Protection of Investment Act specifies that foreign investors and their investments must be treated in the same way as South African investors, where circumstances are similar.
 
- Main websites

Competition law

Competition law, which also applies to franchise agreements, is governed by the Competition Act. [41] The Competition Commission [42] monitors compliance with the Competition Act.
 
South African competition law applies only to anti-competitive practices affecting competition within the territory of South Africa.

Section 5 of the Competition Act, which prohibits vertical restraints of competition, prohibits the imposition of a minimum selling price. Section 5(3) does, however, authorize minimum price recommendations, provided that it is made clear that there is no obligation to apply the recommended price.

Personal data

The Protection of Personal Information Act [43] aims to protect personal data processed by both public and private bodies. The Information regulator [44] is the independent authority responsible for ensuring compliance with the law on the protection of personal data.

The Protection of Personal Information Act defines personal information as information relating to an identifiable and existing natural or legal person, such as gender, marital status, nationality, social origin, age, telephone number or beliefs.
 
According to Section 4 of the Protection of Personal Information Act, the following conditions must be met in order to collect personal information:

  • the principle of responsibility;

  • minimization of the data collected;

  • determination of a specific purpose;

  • limitation of further processing;

  • complete, reliable and up-to-date personal information;

  • transparency;

  • backup security;

  • the participation of the data subject.


The European Commission has not adopted an adequacy decision allowing the free transfer of personal data between the countries of the European Economic Area and South Africa.[45] Consequently, the countries of the European Economic Area must regulate the transfer of personal data to South Africa by adopting the European Commission's standard contractual clauses or binding corporate rules setting out a data protection policy.

Special provisions for foreign investments

The Company Act of 2008 [46] and the Protection of Investment Act of 2015 [47] govern foreign investment law.
 
A foreign franchisor can own 100% of a South African subsidiary [48]. Foreign franchisors can also enter into a joint venture with a South African company[49].

Section 8 of the Protection of Investment Act specifies that foreign investors and their investments must be treated in the same way as South African investors, where circumstances are similar.

Digital Text Reflection
Main websites
B. Peripheral legal data
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[41] N°89 of 1998
[42] 77 Meintjies Street, Sunnyside, Pretoria, tel + (012) 394-3200, e-mail: ccsa@compcom.co.za
[43] N°4 of 2013
[44]JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001, tel: 010 023 5200, e-mail: enquiries@inforegulator.org.za
[45] Source : CNIL
[46] N°71 of 2008
[47] N°22 of 2015
[48] Source : franchise.org
[49] Ditto

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