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Consumer Protection Act, 2008 (Act No. 68 of 2008)


Consumer Protection Act Regulations

43. Confidential information


1) Confidential information includes any information containing or consisting of—
a) trade secrets;
b) financial, commercial, scientific or technical information, if disclosure of the information is likely to cause harm to the commercial or financial interests of a person; or
c) information supplied in confidence by a person, if the disclosure of the information could reasonably be expected to—
i) put that person at a disadvantage in contractual or other negotiations; or
ii) prejudice that person in commercial competition.


2) Any alleged confidential information forming part of an application, response or other written submission to the Tribunal must be contained in a separate annexure and clearly marked 'confidential'.


3) Subject to an eventual finding that information is not confidential, information marked as confidential may be excluded from documents required to be served on parties.


4) When submitting any information claimed to be confidential, such person must simultaneously submit the form in Annexure "M" to this Schedule which will include a written statement setting out the grounds for the claim of confidentiality.


5) Within ten business days of submission of the Form in Annexure "M", the Commission, Tribunal, inspector or investigator must notify such person as to whether or not the Commission, Tribunal, inspector or investigator will treat the information submitted as confidential.


6) If the Commission, Tribunal, inspector or investigator has notified such a person that the information will not be treated as confidential, it, he or she may not make the information available to any other party at a time earlier than five days after having notified such person in terms of subregulation (5).