Regulatory and Governance

THE PROTECTION OF PERSONAL INFORMATION ACT WILL BE IN FORCE FROM 1 JULY 2020: GREAT NEWS FOR SA’S DIGITAL ECONOMY

South Africa’s President, Cyril Ramaphosa, announced yesterday that the Protection of Personal Information Act, 2013 will be fully effective from 1 July 2020.[1] This is great news for SA because it enhances its plans to grow its digital economy. For example, if SA is able to show that its data privacy law is adequate for the European Union’s purposes, more [...]

LEGAL STATUS OF BLOCKCHAIN TECHNOLOGY IN SOUTH AFRICA

Sub-Saharan Africa has a 70% unbanked population.[1]  This statistic indicates there exists the enormous potential for the adoption of blockchain-based solutions as an alternative to traditional payment options.   Access to traditional services is one of Africa’s biggest challenges and making use of blockchain would improve access to financial inclusion.  So, as this term blockchain garners popularity within businesses and governments [...]

Can you own Facebook’s Libra cryptocurrency?

Introduction Facebook recently announced its 2020 plans to launch its first cryptocurrency, Libra.  There are mixed feelings amongst people as some are welcoming this initiative as a promotion for financial inclusion, while others are sceptical about people’s privacy and the potential for an increase in cybercrime.  Libra is not the only cryptocurrency on the market, we have popular ones like [...]

ICASA fixes incorrect “historically disadvantaged persons” clause in Regulations in preparation for spectrum auction

The Independent Communications Authority of South Africa is crossing its ”t’s” and dotting its “i’s” to ensure that any grounds for legally challenging or reviewing its anticipated high-demand frequency spectrum auction, are minimised. It published an amendment to the Radio Frequency Spectrum Regulations, 2015 (“the Regulations”) on Friday 1 November 2019, correcting what was clearly a mistake related to the [...]

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|

4IR laws we need to achieve our Smart City

Last week’s SONA made me think of a young petrol attendant I met in the rural Eastern Cape.  He was eloquent, erudite and perfect for a business process outsourcing centre (BPO) type job, like a call centre.  After last week’s address, a smart city, or smart village, could well be bringing that BPO job to him. There are legal and [...]

Are we ready for 5G in South Africa?

  5G has become the new buzzword that we are hearing everywhere. 5G is said to be the era of intelligent connectivity, but what exactly is 5G? In short, 5G or fifth generation is cellular network technology that provides broadband access. It offers connections much faster than our current connection, but this technology is so much more than just faster [...]

Why the GDPR probably doesn’t apply to Liberty and its data breach

Background Liberty Group (“Liberty”) released a communication on 18 June 2018, advising that “it has been subjected to illegal and unauthorised access to its IT infrastructure”.  The data that was the subject of the breach seemed to be “largely emails and possibly attachments”. About three weeks before that, on 25 May 2018, a new European Union law - the General [...]

By | 9th January, 2019|Data Protection, GDPR, Privacy Law, Regulatory and Governance|

Technology aspects of the State of the Nation Address and what they mean for SA: exciting times ahead!

In his State of the Nation address last night, President Ramaphosa touched those areas of the South African economy that can turn our fortunes around relatively quickly: agriculture, tourism, manufacturing and technology. What he had to say about technology is really exciting. “Government is finalising a small business and innovation fund targeted at start-ups.” He’s just come back from Davos.  [...]

Compliance is not a legal issue: True or False

Lawyers interpret legislation and advise accordingly and our advice isn’t cheap.  We spend hours considering legislation so that we can give you the most precise advice.  Most often, we are called in when faeces are propelled in an upward direction.  This happens when clients don’t follow our advice. Did you follow our advice? Yes, you say. But did you really? [...]