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About Lucien Pierce

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So far Lucien Pierce has created 31 blog entries.

The African National Congress Loses its Domain Dispute: Tips on How Not to Lose Yours

The African National Congress ("ANC") has lost a domain dispute it lodged against a former service provider - Unwembi Communications ("Unwembi"). In what should have been a claim with good prospects of success, the 107 year old movement with a very strong and well known brand failed to prove its case. The matter involved three ANC employees who were tasked [...]

By | 8th February, 2019|copyright, Domain Disputes, IP Law, PPM Attorneys|

Why the GDPR probably doesn’t apply to Liberty and its data breach

Background Liberty Group (“Liberty”) released a communication on 18 June 2018, advising that “it has been subjected to illegal and unauthorised access to its IT infrastructure”.  The data that was the subject of the breach seemed to be “largely emails and possibly attachments”. About three weeks before that, on 25 May 2018, a new European Union law - the General [...]

By | 9th January, 2019|Data Protection, GDPR, Privacy Law, Regulatory and Governance|

ICASA sets its eyes on priority markets in the electronic communications sector – 10 years after the original go-ahead, are we finally going to see local loop unbundling?

ICASA has started an inquiry to identify markets and or market segments in the electronic communications sector that are susceptible to ex ante regulations.[1]  It has published a Priority Markets Discussion Document inviting comments on its preliminary views. It wants to determine which of these markets should be prioritised for market reviews and potential regulation under the EC Act. One [...]

By | 11th April, 2018|Commercial Law, IT Law, Media Law, Telecommunications Law|

Technology aspects of the State of the Nation Address and what they mean for SA: exciting times ahead!

In his State of the Nation address last night, President Ramaphosa touched those areas of the South African economy that can turn our fortunes around relatively quickly: agriculture, tourism, manufacturing and technology. What he had to say about technology is really exciting. “Government is finalising a small business and innovation fund targeted at start-ups.” He’s just come back from Davos.  [...]

Shouldn’t the SA Post Office be using #FinTech to reduce the cost of paying SASSA grants?

The South African Social Security Agency (SASSA) provides grants to the elderly, disabled and certain children. Grant beneficiaries receive money through a bank or cash payment.[1] Beneficiaries are compelled to receive their grant payments in these archaic and inconvenient ways. These methods involve beneficiaries having to travel to a physical location. This means time, effort, expense and potential loss by [...]

By | 5th February, 2018|PPM Attorneys|

BIG DATA ANALYTICS: THE PROTECTION OF PERSONAL INFORMATION ACT PROVIDES FOR IT TOO!

Big data analytics is the new buzzword.  It is mentioned everywhere and across every industry.  Everyone wants to make use of big data for one or other reason.  But what is big data analytics? The UK’s Information Commissioner’s Office (“ICO”) recently published a document that gave the following definition of big data analytics: In summary, big data can be thought [...]

By | 10th October, 2017|Data Protection, PPM Attorneys|

YOU WILL BE BREACHED: TIPS ON LIMITING LEGAL LIABILITY UNDER THE PROTECTION OF PERSONAL INFORMATION ACT

It was reported over the past weekend that 15 computers were stolen in a burglary at the Office of the Chief Justice, in Johannesburg.  The media reported that the computers held the information of 243 South African judges and about 1,800 support staff.  Other important South African state institutions like the state arms procurement company, Armscor, and the South African police [...]

AN UPDATE ON THE INFORMATION REGULATOR’S PROGRESS TOWARDS IMPLEMENTING THE PROTECTION OF PERSONAL INFORMATION ACT – FEBRUARY 2017

The Information Regulator (South Africa), responsible for regulating both the Protection of Personal Information Act (POPIA) and the Promotion of Access to Information Act (PAIA), is making steady progress towards starting its operations. PPM Attorneys attended the Information Regulator's most recent briefing.  Here are some of the most important points that the Information Regulator’s members raised: It hopes to start [...]

By | 8th March, 2017|Data Protection, Information Security, PPM Attorneys, Privacy Law|

WHY REGULATING SOCIAL MEDIA IN SOUTH AFRICA CANNOT, SHOULD NOT AND WILL NOT BE ALLOWED TO HAPPEN

Minister of State Security, David Mahlobo, says that the South African Government is considering regulating social media use in South Africa. His reason for this is that social media is being abused to peddle information that harms individuals. If he is talking about regulating legitimate information before it is posted to social media, then it is simply a bad idea and will [...]

By | 8th March, 2017|PPM Attorneys, Social media law|

The South African Cybercrimes & Cybersecurity Bill, 2017…much better!

The Department of Justice published the Cybercrimes and Cybersecurity Bill, 2017 yesterday. It is, at first glance, much better than the 2016 draft. Some, like financial institutions, may not think so though, because they now have additional obligations. The 2016 draft had some rather convoluted and onerous provisions. One example was Chapter 6 titled " Structures to Deal with Cyber [...]

By | 20th January, 2017|Data Protection, Information Security, PPM Attorneys, Privacy Law, Technology Law|