Due to increasing laws, entrepreneurs are faced with growing regulatory compliance in business. These legal requirements create obligations but also provide certain rights and protection.
All businesses, small or large, are required to comply with legislation (passed by government), regulations (prescribed by regulatory bodies) or industry best practices.
Compliance legislations that govern businesses
Compliance requirements range from registration of businesses and business names, licensing, workers compensation, tax and unemployment compensation, and intellectual property protection, to industry specific requirements such as compliance with professional bodies.
There are six main types of laws that govern business:
- Entity Regulations such as the Companies Act and Close Corporation Act
- Customer and Information Protection such as Consumer Protection Act and POPI Act
- Human Resources such as Labour Relations Act and Basic Conditions of Employment Act
- Tax and Security such as Income Tax Act and National Credit Act
- Intellectual Property such as Copyright Act and Patent Act
- Industry Specific such as Import and export controls, B-BBEE Act and Codes of Good Practice.
Where does the onus lie?
It’s the business owner’s responsibility to determine which legislation and regulations apply to their business, and then to comply.
While it’s not the responsibility of regulatory bodies to inform businesses of applicable legislation and regulations, industry watchdogs are generally willing to provide the required compliance information to businesses.
Which legislations apply to your business?
1. Product and services: What problem are you solving?
Assess the service or product offering of your business and determine what specific legislation applies to it.
For example, if you are producing goods for sale to consumers you are required to comply with the Consumer Protection Act (CPA); if you have employees you are required to comply with the Occupational Health and Safety Act (OHSA); and if your product involves your Intellectual Property, you must comply with the relevant legislation to protect it.
2. Organisational Design: What are your daily activities?
Determine the functions of your business and the strategies you have in place to manage them. These include finance, sales, marketing, branding, human resources and operations. Each function is associated with legislation.
Laws such as the CPA and OHSA are important, but it is also important to consider industry specific standards, such as import and export regulations, health and safety, and transformation requirements. If you are producing and selling a product, consider various packaging and labelling requirements that are determined by Acts and industry standards.
3. Operations: How do you perform your activities?
Consider operations, systems and procedures. Examine input, output and production processes. Industry standards and certain Acts will apply and create requirements that need to be complied with.
Inputs such as raw materials may require import controls; production may include labour laws or information controls; and distribution may require export controls or consumer protection legislation.
4. Stakeholder management: Who are the participants?
Consider the various players involved in all aspects of your business, from customers and shareholders to employees. Ensure you include government bodies such as SARS and the Department of Labour in your consideration.
Governance, industry best practice and labour laws, such as the Labour Relations Act, will apply.
5. Putting it together: Establish a simple compliance universe
Prepare a simple framework and checklist of applicable laws, regulations and industry best practices. List basic guidelines and policy on how to adapt your business, update the framework at least annually.
Regardless of the size of your business, compliance with legislation, regulations and industry best practices is key.
The Future Of Franchising Looks Smaller (And Fancier)
Franchises are adding smaller locations and reduced menu options, as niche markets emerge, to attract the customer of the future.
As the owner of a thriving franchise, you’re well aware of the fact that fluctuations in the world economy has both negative and positive effects on business. When it comes to your successful franchise, tough times could mean adopting new trends or seizing gaps, potentially resulting in a new franchise concept you wouldn’t have otherwise thought of.
“The buzz word in global franchising is ‘flexibility and adaptability’,” according to the Franchise Association of South Africa (FASA). “Whether a result of a need to inject some life into stagnant franchise brands or as a result of the new world order brought about by the recession, franchising is embracing alternative and options in a big way.”
You can do this by either devising innovative areas to franchise or allowing more flexible ways for franchisees to operate to help with their bottom line. FASA has earmarked these as some of the biggest franchising trends in 2018 and beyond:
Smaller, more cost-effective franchise models
When franchisees don’t have high franchise fees and start-up costs to worry about, they can focus more on what customers want, and deliver. The added benefit of smaller spaces include having fewer employees and reasonable rental.
Among the new frontiers in franchising are the food court losing its legacy as the preferred setting for food franchises, as service stations increase in popularity in the industry. A number of brands – like Steers, Debonairs and Mugg & Bean On-the-Go outlets – are co-locating with major fuel retailers to create fully-integrated accessible centres.
Niche markets are offering one-of-a-kind franchises
“The opportunity to get in on the ground floor of a new franchise trend is also on the rise,” notes FASA. This could be offering a unique gourmet food experience in your outlets or a ‘green’ space of energy saving technology in your operations.
“Consumers have gained control of what they want,” says Morné Cronjé, head of franchising at FNB Business. “It is no longer about what you have on the menu, but how your product or service can be tailor-made to what a customer really wants.”
Founded just five years ago (2013), RocoMamas boasts over 60 franchise outlets, clearly responding to the essence of this trend –allowing consumers to build their own burgers without having to pay for items they’d rather leave out.
Stay ahead of the game
For long-term success, franchisors who want to expand their business should start exploring beyond present circumstances and current predictions.
“2018 will no doubt bring its challenges, however for every challenge there is a window of opportunity to explore. We are advising franchisors to scrutinise these trends carefully, it can definitely give them a boost for 2018,” says Cronjé.
As Consumers’ Tastes Change Can Your Franchise Keep Up?
More of your customers are eating in, and if you’re not packaging, portioning and pricing your food accordingly, they’re heading to a retailer that does.
It’s generally believed that it’s cheaper to cook your own breakfast, lunch or supper than to go out and pay a much higher price for the same food in your fridge at home. But today’s consumer’s live fast-paced lifestyles – so food is becoming more about convenience.
31% of 6 022 middle-to-high income South African earners surveyed by BusinessTech, put eating out and entertainment at the top of their list of things they’re most willing to cut their spending on in 2018 to save money. Research by supermarket giant Pick n Pay correlates, reporting an increase in customers buying quality convenience food, not just to entertain at home, but for dining at home.
Consumers are empowered by variety
You’ve heard about the ‘fast casual generation’, aka Millennials? They are demanding healthy, affordable eating experiences. But do you know how this affects the future of the food industry, and your business in particular – because they’re not the only ones adapting their lifestyles.
An increasing number of food brands and chefs are compelled to create complete ranges of new, convenient meal options that are not only packaged, portioned and precooked attractively, but affordable too.
The fastest growing sector of retail foodservice for the past four years has been the convenience store sector. Non-traditional avenues of distribution are growing, gobbling market share while establishing new patterns of consumption, price points, and customer loyalty.
Shoppers are becoming value-focused
A savvy franchise would acknowledge that although pre-packaged and pre-cooked convenience food isn’t a new trend among consumers and supermarkets, it is gaining popularity. “Some of the most notable trends in 2017 were an increasing shift to convenience foods as customers looked for both value and convenience,” says Pick ‘n Pay’s Head of Marketing, John Bradshaw.
Value for money and healthier food choices will continue to be top of the convenience food list for consumer in 2018, as more shoppers cut down on luxuries.
“We’ve seen significant growth in the number of customers looking for an easy way to enjoy a good meal without the cost of eating out,” says Bradshaw.
But he cautions that South African shoppers have always been value-focused, and while the most significant shift Pick ‘n Pay has seen is how all its shoppers, no matter what their income levels, are watching their budgets.
Maximise Your Social Media Reach This Holiday Season
Quick and cost-effective, social media is your best tool to reach target markets when it matters most – during the holidays.
It’s not just the end of the year that can be lucrative for businesses. School holidays and other major breaks during the year present consumers with more time to spend shopping. Why not ensure money is spent at your franchise by capitalising on the minimal cost and maximum exposure of social media?
You don’t have to create entirely new deals or promotions from what you may already have running on your store, but find a way to make it special for your social media followers, suggests Kelly Mason, marketer at Customer Paradigm.
Holiday campaigns on Twitter, benefitting from popular hashtags, streaming live content, and receiving information instead of just distributing it via social media are just some of the ways to stay ahead of the competition.
Know your customers well
The first step to attracting customers and getting them to complete a sale is understanding their customer journey.
“Being able to document where they spend their time online, which social channels they use most, and what they’re reading or watching on those channels is a huge plus. Finding that crucial information is fairly easy to do, thanks to modern-day marketing tools and resources,” advises Paul Herman, VP: Product and Solutions Enablement Group, at Sprinklr, a unified customer experience management platform for enterprises.
The better you understand your customers, the easier it is to reach them through a campaign optimised for their interests.
Master social listening
You could be using social media all wrong in the run up to all your holiday campaigns. Perhaps it’s time you used this platform to listen to your customers?
“Through social listening, marketers can identify major trends and product keywords in their industries,” says Herman. “For instance, knowing those keywords can help marketers identify which social platforms are more popular for a target audience. With that information, they can make smarter decisions about where to spend their money and which products or services to promote on each platform.”
Related: 10 Laws Of Social Media Marketing
Use the information gathered to determine what customers like about your product, what they dislike about it, and how you can improve upon it so they can buy more of it. The more of this data you collect, the better and more effective your interactions with customers will be.
Try something new
50% of consumers look for a video of the product they want to buy before going to an ecommerce store to buy it, according to a 2016 Google survey. “Video can be an extremely effective way to get your customers to take action – in this case, to make a purchase with your store,” adds Mason.
Video adverts are often used as an experimental tool in social marketing and switching it up on platforms such as Facebook Live, Instagram Live, Instagram Stories, or Snapchat – depending on your brand’s activity and your audiences’ interests – can help attract customers during seasonal periods.
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