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New legal landscape: call logging a must!

By Majuda Software Southern Africa
Johannesburg, 18 May 2011

As consumer protection and electronic communication legislation takes centre stage in South Africa, companies can no longer simply pay lip service to risk mitigation, governance and compliance, but have to identify and implement best business practices in this regard, and construct a technological foundation that will support the execution of these practices while still enhancing organisational profitability.

The combination of the existing Electronic Communications and Transactions (ECT) Act of 2002, and the new Consumer Protection Act (CPA) of 2008, which comes into effect on 1 April 2011, is transforming the business landscape in South Africa. These acts are continuously driving the implementation of fair business practices, with particular emphasis on protecting the rights of consumers (which include natural and juristic persons and public bodies) and regulating their electronic transactions with suppliers and service providers.

"To fulfil the requirements as set out by both acts, companies will need to do more than simply implement mere policies and procedures," comments Matthew Balcomb, Director of Majuda Software Southern Africa, an affiliate organisation to Majuda Corporation International, which specialises in the development of call recording and quality management solutions. "Instead, a governance, risk and compliance (GRC) strategy that is tightly integrated into the operations and the culture of an organisation is required to ensure fair practices are in place at every level and during every interaction.

Since much of the interaction with consumers - including sales and support, but not limited to commercial transactions only - takes place though call centres in today's modern business world, recording of all telephonic interactions with customers or potential customers is a crucial starting point for mitigating risk and liability exposure.

The CPA Act imposes stringent record-keeping compliance requirements on organisations, compelling them to keep accurate records of all telephonic - and other electronic - interactions with consumers for at least three years. Manual recordings and reports, in particular, are no longer sufficient, particularly if disputes arise. But simply implementing a call recording system will not provide the optimum compliance with the increased legal requirements either.

Organisations require a comprehensive, streamlined solution that embraces encrypted voice logging as well as enabling technologies and systems, such as content management and workforce optimisation solutions. Together, these enable an organisation to record conversations with customers, store the data in an appropriate format, easily access this data, and readily reduce it to written and printable formats. In addition, the voice recordings should be enhanced by recordings of the call centre agent's inputs to the electronic system through various applications in which compliance and fair practices have been imbedded.

"Fortunately, technology has produced advanced voice recording systems with a level of functionality and user friendliness that ensures compliance and liability risk faced by organisations is significantly reduced, because they provide the organisation with an indisputable voice record that is readily available to confirm the accuracy of information provided or received, giving the organisation legally 'tenderable' evidence if required by a court of law, and thereby protecting both the company's clients and employees. In addition, such systems allow managers to improve the quality, performance and effectiveness of their contact centres and call centre agents. This, in turn, allows companies to optimise communications resources, enhance overall workplace efficiency and reduce operational costs, thereby increasing customer satisfaction, customer retention, and revenue," explains Balcomb.

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Editorial contacts

Matthew Balcomb
Majuda Software Southern Africa
(086) 0 MAJUDA ext. 204
matthewb@majuda.com