IT Law

Happy National Youth Day – A day to honour the past, reflect on the present and look to the future

Today marks 46 years since the 16 June 1976  Soweto Youth Uprising.  In the advent of democracy, this day was declared a public holiday to honour the sacrifices and to commemorate the contributions of the youth in the fight against the apartheid regime. It is also a day to reflect on the plethora of issues that plague the present-day youth.  [...]

By | 16th June, 2022|4IR, IT Law|

Two first decisions on Google Analytics’ data transfers to the US

Following the “Schrems 2” decision from the Court of Justice of the European Union (CJEU) on 16 July 2020 invalidating the privacy shield((The Court of Justice invalidates Decision 2016/1250 on the adequacy of the protection provided by the EU-US Data Protection Shield (europa.eu).)), the European Data Protection Authorities (DPAs) are now taking the first “real world” decisions.   A few [...]

My Enemies Are After Me: Are cyber romance crimes punishable by law in South Africa?

Social media is abuzz with the latest Netflix documentary “The Tinder Swindler”.  This documentary follows the lives of three women who were swindled by a con artist, who lured them into a romantic relationship on Tinder.  He then extorted large sums of money out of them through emotional blackmail and his famous line “my enemies are after me”, moving the [...]

By | 7th March, 2022|Cybercrime, IT Law, Social media law|

VIRTUAL COMMISSIONING IN SOUTH AFRICA

In South Africa, commissioners of oaths are regulated by the Justices of The Peace and Commissioners of Oaths Act (“the Act”).((No. 16 of 1963.))  In terms of the Act, and under normal circumstances, Commissioners of Oaths are required to verify the identity of the person making the sworn statement, they have to ensure that the documents annexed to the affidavit [...]

By | 7th March, 2022|4IR, Commercial Law, Contract Law, Cybersecurity, Data Protection, IT Law, Legal Practice|

CRIMINALISATION OF CYBERBULLYING IN SOUTH AFRICA

The recent death of a veteran actor, Patrick Shai set tongues wagging after it was reported that he committed suicide following alleged cyberbullying((Kedibone Modise "Somizi Mhlongo probes if cyberbullying played a part in Patrick Shai’s passing" IOL news 25 January 2022.)) on social media platforms.  The cyberbullying allegedly stemmed from the prominent actor’s heated argument with a celebrity.  Furthermore, not [...]

By | 28th January, 2022|Cybercrime, IT Law, Media Law, Social media law, Technology Law|

NFTs, intellectual property law, and their regulation

What are NFTs? NFT stands for non-fungible token.  NFTs are considered as a new and emerging technology that is represented by units on the blockchain.  In March 2021, the sale of a digital collage by an American artist known as Beeple, intrigued and fascinated many people around the world.  The sale price of $69.3 million((https://www.theverge.com/2021/3/11/22325054/beeple-christies-nft-sale-cost-everydays-69-million.)) was remarkable on its own, [...]

Measures your organisation can take to comply with condition 7 of POPIA

As more organisations move towards becoming compliant with the Protection of Personal Information Act (“POPIA”), many organisations are looking for a tailored solution to suit their business needs and to better protect the personal information that they hold.  Although condition 7 of POPIA does not stipulate the exact measures that must be taken, it requires that the responsible party must [...]

By | 26th January, 2022|Commercial Law, Data Protection, IT Law, Privacy Law, Technology Law|

Public-Private Partnerships in ICT Infrastructure: An effective way to achieve SA’s 4IR Goals

Introduction A Public Private Partnership (“PPP”) is broadly defined as a commercial transaction between an institution and a private party in terms of which the private party either performs an institutional function on behalf of the institution for a specified or indefinite period; or acquires the use of state property for its own commercial purposes for a specified or indefinite [...]

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 [...]