Compliance Law

CHALLENGES TO POPIA COMPLIANCE AND ENFORCEMENT

It has been a few months since the grace period for the coming into full operation of the Protection of Personal Information Act, 4 of 2013 (“POPIA”) lapsed.  The hype and frenzy around POPIA compliance is slowly dying down.  This may be because most organisations have taken the steps to ensure they are POPIA compliant or they are ‘testing the [...]

THIS MEETING IS BEING RECORDED: DO YOU HAVE TO CONSENT TO IT?

The use of video conferencing tools have surged with the COVID-19 pandemic.  When organising virtual meetings, meeting organisers frequently request from attendees their consent to use the recording functionalities as it is convenient to prepare minutes, keep accurate records of the meetings and easier to share with colleagues who might not have been able to attend the meetings.  There is [...]

SABC’s household broadcasting levy – The proposed new system

In June 2021, Cabinet passed the South African Broadcasting Corporation (“SABC”) Bill for public comment.  However, the SABC is unhappy with the Bill in its current form, stating that the Bill does not provide for adequate financing of the Corporation because it is struggling to collect TV licence fees.  South Africans have been increasingly resistant towards paying annual TV licence fees in [...]

By | 23rd November, 2021|Commercial Law, Compliance Law, IT Law, Telecommunications Law|

Cyber attacks and reporting obligations under POPIA

The month of October, known as the Cybersecurity Awareness Month, comes at a time when South Africa is reeling from the effects of a plethora of security breaches and cyber attacks that have plagued the country since the beginning of 2021.  The most recent security breaches and cyber attacks targeted Transnet and the Department of Justice and Constitutional Development.  Section [...]

Inaugural Global Encryption Day – 21 October 2021

Today marks the inaugural Global Encryption Day.  This is an initiative by the Global Encryption Coalition (“GEC'').  The GEC is composed of the Democracy & Technology, Global Partners Digital, the Internet Society and over 180 organisational members including civil society organisations, business and trade associations, and individual members including technical and cybersecurity experts and academics.   The initiative is an opportunity for businesses, civil society organisations, technologists, and internet users worldwide to show why encryption matters and why people [...]

Corporate governance considerations during Covid – 19

The Covid-19 pandemic has caused unprecedented business disruption. It has forced companies to respond to new and ever-changing risks and challenges, from employees' health and safety to site closures. During these trying times, appropriate corporate governance is more important than ever. King IV is a voluntary set of principles and leading practices that guides corporate governance toward ethical and effective [...]

By | 15th May, 2020|Company Law, Compliance Law|

Registering as an Essential Service Provider under South African Covid-19 Lockdown Regulations

Here's what you need to do to continue operating as an essential service, e.g. a telco or data centre, during the SA lockdown: Obtain a copy of the Disaster Management Act, Amendments to the Regulations, published on 25 March 2020 in Notice No.398 in Government Gazette No. 43148; Consider the definitions under Regulation 11A to determine whether your organisation is [...]

By | 3rd April, 2020|4IR, Commercial Law, Compliance Law, PPM Attorneys|

READY YOURSELF TO COMPLY WITH THE PROMOTION OF ACCESS TO INFORMATION ACT

Section 32(1) of the Constitution entrenches the fundamental right of access to information.  This section provides a statutory right to request any record held by the state, as well as access to records held by public and private bodies. The Promotion of Access to Information Act 2 of 2000 (“PAIA”) enables people to gain access to information held by both [...]

By | 28th January, 2020|4IR, Compliance Law, Data Protection, PPM Attorneys, Privacy Law, Technology Law|

King IV: Why you should comply!

King IV is a voluntary set of principles and leading practices that guides corporate governance, which is defined as ethical and effective leadership. It sets out the philosophy, practices, principles and outcomes which basically set the standard for corporate governance in South Africa. It applies to all organisations irrespective of the entity. There are 4 main outcomes that King IV [...]

By | 3rd September, 2019|Compliance Law, PPM Attorneys, Regulatory and Governance|

Five Tips to a Successful Relationship with the GDPR

Have you ever downloaded an app on your phone and looked at the permissions that the app requests.  I mean I just want to play Tetris, why do you need permission to access my contact list and messages, or know what I ate for dinner? With the new the General Data Protection Regulation (“GDPR”), a move to the age of [...]

By | 9th January, 2019|Compliance Law, Cybersecurity, Data Protection, GDPR, Information Security, Privacy Law|