Regulatory and Governance

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 [...]

THE REMOVAL OF DIRECTORS UNDER THE COMPANIES ACT

What is directorship under the Companies Act? Section 1 of the Companies Act, 71 of 2008 (“the Companies Act”) defines a director as a member of the board of a company, as contemplated in section 66, or an alternate director of a company and includes any person occupying the position of a director or alternate director, by whatever name designated.  There are various ways in [...]

By | 7th March, 2022|Company Law, Regulatory and Governance|

In Plain English: The Cybercrimes Act in a Nutshell

On 1 December 2021, certain parts of the Cybercrimes Act, 19 of 2020 came into full effect.  The Cybercrimes Act seeks to address the rise of crimes that are now committed online due to the use of the internet and various emerging technologies.  With the move from physical offices to virtual offices as a result of COVID-19, there has been [...]

By | 28th January, 2022|Cybercrime, Media Law, Regulatory and Governance, Technology Law|

Public Private Partnerships (PPPs) and some insights into their failure

In a democratic society, the government has a crucial role in ensuring that it meets its service delivery obligations to its citizens.  Sometimes, the government may not have the capacity or expertise to roll out projects which benefit the public.  This is where Public Private Partnership (“PPP”) projects become relevant.  PPPs are projects undertaken within the government sphere, in conjunction [...]

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, [...]

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 [...]

Telkom wants to interdict returning emergency spectrum to ICASA: Why Telkom (MTN and Vodacom) losing is in the public interest

Telkom wants to interdict returning emergency spectrum to ICASA: Why Telkom (MTN and Vodacom) losing is in the public interest   Telkom launched legal proceedings against South Africa’s telecommunications regulator, the Independent Communications Authority of South Africa (“ICASA”), in early October 2021.  Telkom wants to interdict returning emergency spectrum to ICASA.  ICASA had licensed this spectrum to Telkom, MTN, Vodacom [...]

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 [...]

The Competition Commission publishes the Further Statement of Issues

On 17 May 2021, the Competition Commission officially launched the Online Intermediation Platforms Market Inquiry (“Inquiry”).  The Inquiry was initiated in terms of section 43 B (1) (a) of the Competition Act 89 of 1998 (as amended).  The purpose of the Inquiry is to act as a proactive measure for the Competition Commission to get a deeper understanding of the online markets operating in South Africa.  The [...]

By | 5th October, 2021|Commercial Law, IT Law, Regulatory and Governance|