PPM Attorneys

The New WhatsApp Privacy Policy – What you need to know

The changes to the WhatsApp privacy policy and terms sparked a worldwide uproar with many users migrating to other messaging platforms out of data privacy and security concerns.  This article addresses the above concerns by explaining the new changes and what social media users need to know before moving on to other platforms. What are the changes? In an effort [...]

By | 26th January, 2021|4IR, Data Protection, Media Law, PPM Attorneys, Privacy Law, Social media law|

French Data Protection Authority sanctions drone surveillance

On January 12, 2021, the French Data Protection Authority (Commission Nationale Informatique et Libertes – the “CNIL”) held that French Ministry of the Interior (the “Ministry”) was unlawfully processing personal information through the use of drones equipped with cameras. These drones were being used to monitor the public’s compliance with containment measures and public demonstrations. The Ministry was ordered to [...]

By | 26th January, 2021|4IR, Data Protection, GDPR, IT Law, PPM Attorneys, Privacy Law, Technology Law|

Dissecting the Cybercrimes Act – The crime of hacking (part 1)

Introduction If we put aside the misery around Covid-19 for a moment, we can notice that a lot of exciting developments have taken place and are still taking place in South Africa’s legislative landscape. We are 5 months away from POPIA[1] coming into full effect. By 1 July of this year, both private and public companies, organisations and institutions will [...]

By | 26th January, 2021|4IR, Cybersecurity, Data Protection, IT Law, PPM Attorneys, Privacy Law, Technology Law|

The ARB Code is not ‘Members Only’

The Advertising Regulatory Board (“the ARB”) is an independent entity established to regulate advertising in South Africa.  The ARB administers the Code of Advertising Practice which regulates the content of South African advertising.  The ARB’s Code of Advertising Practice sets out the basic principles of what is regarded as acceptable advertising.  Although the ARB is a membership-based entity, and only members of the ARB [...]

By | 26th January, 2021|Advertising law, Media Law, 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|