PPM Attorneys

KING IV ON DIRECTOR INDEPENDENCE

All directors are required to always act in the best interests of the company, and this can only be achieved if directors set aside their personal interests.  In order to ensure that no one individual, or group of individuals yield unfettered power on the Board, King IV proposes the appointment of independent non-executive directors. King IV defines independence as “the [...]

By | 15th December, 2020|Company Law, PPM Attorneys, Regulatory and Governance|

Decentralised Finance: What is it and how is it regulated in South Africa?

What is Decentralised Finance? Decentralised Finance (DeFi for short) is a financial system built on public blockchains such as BitCoin and Ethereum.  Blockchains refer to a list of data records that work as a decentralised digital lender.  The data in a specific blockchain is organised into blocks, which is chronologically arranged and secured by cryptography.  The oldest and safest blockchain [...]

The “Schrems II” case and what it means for South Africa

On the 16th of July 2020, the Court of Justice of the European Union (“CJEU”) invalidated the EU-U.S. Privacy Shield. he EU–US Privacy Shield was a framework regulating exchanges of personal data for commercial purposes between the the European Economic Area ("EEA") and the United States. The CJEU further decided that the standard contractual clauses (“SCC”) adopted by the European Union Commission [...]

Broadcasting in South Africa

The media industry in South Africa does have a system of self regulation, however, it is also subject to various regulatory systems in the public sphere. There are a few pieces of legislation and a few regulatory bodies that play a vital role in the industry. The Broadcasting Act[1] encourages the development of South African expression by providing a wide [...]

By | 5th October, 2020|Media Law, PPM Attorneys|

The Cybercrimes Bill: Recent amendments

Recently, the parliamentary committee on security and justice, adopted the Cybercrimes Bill (“the Bill”) along with several other pieces of legislation. The Bill establishes and defines procedures in which cyber-related crimes can be investigated and creates various new offences for crimes committed on the internet. One of the most important aspects the Bill addresses is that it criminalises the distribution [...]

By | 2nd October, 2020|4IR, Cybersecurity, IT Law, PPM Attorneys, Technology Law|

Adherence to an arbitration clause in a contract is paramount

The law of South Africa affords parties the freedom to enter into a contract and to choose who they wish to enter into a contract with. The general requirements for a legally enforceable contract are consensus, capacity, certain mandatory formalities and legality. In exercising their freedom of contract, the parties to a contract are permitted to conclude an arbitration agreement [...]

By | 2nd October, 2020|Arbitration, Commercial Law, Contract Law, Dispute resolution, PPM Attorneys|

TECH LEGAL MATTERS PODCAST

Technology continues to challenge the legal system and sometimes laws battle to keep up with the speed at which technology is changing, and the various new technologies that are launched. The Tech Legal Matters podcast explores cybersecurity, privacy, and data protection and other similar topics at the intersection of technology and the law. Subscribe to this podcast, published by iAfrikan [...]

By | 16th July, 2020|4IR, Cybersecurity, Data Protection, Fintech, PPM Attorneys, Privacy Law, Technology Law|

Digital Innovation and its impact on Privacy Law

The speed of digital innovation and the emergence of technologies such as facial recognition and fingerprint authentication has brought with it privacy and cybersecurity concerns. In the recent months, after the killing of George Floyd, law enforcement authorities in the United States deployed powerful surveillance tools to monitor and track the protests against systemic racism and police brutality. Drones were [...]

By | 14th July, 2020|4IR, Cybersecurity, Data Protection, GDPR, IT Law, PPM Attorneys, Privacy Law, Technology Law|

COVID-19 AND POPIAs IMPACT ON COMPANY AGMS

On 15 March, due to the Covid - 19 pandemic, the state issued an order which prohibits the holding of public meetings. These clear measures were introduced to combat the spread of Covid – 19 and are expected to influence the chosen format of annual general meetings (“AGMs”) for a long time. Against this background of the Covid - 19 [...]

By | 14th July, 2020|4IR, Company Law, Data Protection, PPM Attorneys, Privacy Law|

POPIA is vital for 4IR law

The fourth industrial revolution (“4IR”) is causing significant changes to the way we live, interact and do business. This is the future of technology, where objects, machines and various other devices connect with each other in a secure, networked environment. 4IR is being driven by intelligent machines that can perform complex tasks automatically by communicating with other machines, with little [...]