Commercial Law

ARE RESTRAINTS OF TRADE LEGAL?

Simply put, a restraint of trade is a legal contract between an employer and employee that prevents the employee from engaging in a similar business within a specified geographical area and/or within a certain time, once the employment contract has terminated. Many new employees heedlessly sign a restraint of trade, falsely under the impression that they are unenforceable. This mistaken [...]

By | 6th March, 2017|Commercial Law, Labour law, PPM Attorneys|

ADVANCED FEE SCAMS: WHAT TO DO IF IT HAPPENS TO YOU

I am Suleman Bello, the auditor general of African Development Bank here in Burkina Faso. During the course of our auditing, I discovered a floating fund in an account opened in the bank by Mr John Korovo and after going through some old files in the records I discovered that the owner of the account died in the (beirut-bound charter [...]

By | 6th March, 2017|Commercial Law, Data Protection, Information Security, PPM Attorneys|

ILLEGAL SIM SWAPS: ARE YOU A VICTIM OF BANK FRAUD?

With the advent of modern technology taking the forefront in today's society, more people are inclined to make use of electronic payment systems such as internet banking[1].  Although internet banking does appear to be more convenient, it is not without fault as was experienced by Monica Kruger.  During 2016, Kruger, a business woman from George was defrauded of an amount [...]

By | 6th March, 2017|Commercial Law, Information Security, PPM Attorneys, Privacy Law|

When does an argument become harassment?

Arguments can either diffuse or escalate quickly depending on the parties involved, but what do you do when your argument gets out of control? For example, you have an altercation with your neighbour and your neighbour sends you a scathing email. Accusations are thrown your way and you get defensive and before you know it, a heated argument ensues.  You’re [...]

By | 19th October, 2016|Commercial Law, PPM Attorneys, Social media law|

Businesses lure Pokémon Go players to their doorsteps

Businesses have latched on to the Pokémon GO phenomenon by luring customers to their doorsteps, quite literally. The game offers a range of in-app purchases and the one that is most important for businesses is lures. A lure module allows you to attract wild Pokémon, thereby increasing the rate of Pokémon generation in the area around the Pokéstop where they [...]

By | 12th August, 2016|Advertising law, Commercial Law, PPM Attorneys|

Cybercriminals always seem to be one step ahead: Why South Africa’s cybersecurity laws need to play catch-up!

South Africa has at least four pieces of legislation and one policy that can be used to fight cybercriminals.  It is for this reason that some information security industry players have argued that one more cybersecurity law, such as the Cybercrimes and Cybersecurity Bill, is just too much. They argue that laws like the Electronic Communications and Transactions Act 2002, [...]

Reform of South African company law: Section 40 of the companies bill, 2007

“The SA Companies Act has been in existence since 1973 and it is outdated. It contains little on corporate governance, transparency, accountability, modern merger methods and minority shareholder protection.”1 It further contains nothing that adequately provides for or encourages private corporate and empowerment groups to conclude Black Economic Empowerment (“BEE”) transactions. South African company law is on the move towards [...]

By | 29th June, 2015|Commercial Law, Company Law, PPM Attorneys|

BBBEE code of good practice compliance is extended

The Broad Based Black Economic Empowerment's ("BBBEE") Code of Good Practice (“the New Codes”) was published for public comment towards the end 2012. However, companies are still not completely familiar with the New Codes and some companies struggle to get increased ratings now that the rating requirements have been decreased from 7 to 5. Large industries in South Africa such [...]

By | 29th July, 2014|Commercial Law, PPM Attorneys|

Does your client really own the content from that successful social media campaign you just ran?

There have been a few really good user-generated content social media marketing campaigns recently.  A quick and informal survey of a the terms and conditions of a number of these marketing campaigns showed some lack of understanding regarding whether ownership (copyright) in user generated content could be transferred to advertisers by users simply accepting terms and conditions electronically. User generated [...]

By | 5th May, 2014|Commercial Law, IP Law, PPM Attorneys, Social media law|

The south african police services and microsoft work together to clamp down on software pirates

There has been an increase in the number of software pirates in the last year and as a result, the South African Police Service (“SAPS”) together with the Hawks enlisted the help of Microsoft to clamp down on these crimes. Microsoft has piracy prevention programmes that were used to identify counterfeit and / or unlicensed Microsoft software. The multinational software [...]

By | 19th March, 2014|Commercial Law, PPM Attorneys, Technology Law|