Technology Law

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 [...]

Should contracting parties include a cybersecurity clause?

Cyber attacks are fast becoming the norm in our society.  The COVID-19 pandemic has accelerated this with a 485% increase of ransomware reported in 2020.  A cyber attack to an organisation’s system impacts more than just an organisation.  The impact can extend to clients, suppliers, contractors, and employees.  A cyber attack is even worse in instances where personal data is [...]

Cyber attacks and reporting obligations under POPIA

The month of October, known as the Cybersecurity Awareness Month, comes at a time when South Africa is reeling from the effects of a plethora of security breaches and cyber attacks that have plagued the country since the beginning of 2021.  The most recent security breaches and cyber attacks targeted Transnet and the Department of Justice and Constitutional Development.  Section [...]

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 [...]

NEW EU SCC’s: IMPACT ON SOUTH AFRICAN BUSINESS

On 4 June 2021, the European Commission adopted two new sets of Standard Contractual Clauses (“2021 SCCs”). The 2021 SCC’s will replace the old SCC’s adopted in 2010.  The adoption of new SCC’s is to reflect the changes to European Union (“EU”) data privacy law, under the General Data Protection Regulation 2016/679 ("GDPR") and the Schrems II decision((Case C-311/18 Data Protection Commissioner [...]

International Day for Universal Access to Information 2021

Today, 28 September 2021, the world commemorates International Day for Universal Access to Information. It was declared by the United Nations Educational, Scientific and Cultural Organisation on 17 November 2015 and adopted by the United Nations General Assembly on 28 September 2019.  This day highlights the importance of access to information laws, and their implementation worldwide in order to promote [...]

By | 28th September, 2021|4IR, Data Protection, PPM Attorneys, Privacy Law, Technology Law, Telecommunications Law|

WhatsApp fines under the GDPR: A wake up call for businesses to comply

What happened with WhatsApp? The case that Max Schrems filed against WhatsApp back in December 2018 has been finalized at last.  WhatsApp was recently fined by the Irish Data Protection Commission an amount of 225 million Euros, which is over 3,7 billion Rands.  The Irish Data Protection Commission (DPC) is the equivalent of the Information Regulator in South Africa. The [...]

By | 10th September, 2021|4IR, Data Protection, GDPR, IT Law, PPM Attorneys, Privacy Law, Social media law, Technology Law|

The ICASA Spectrum Auction: Ongoing litigation

For the first time in 16 years, when it seemed like South Africa would finally get new spectrum licensed, legal battles brought the spectrum auction to a standstill.  Earlier this year, major telecommunications companies like MTN and Telkom sued the Independent Communications Authority of South Africa (“ICASA”), citing various issues to halt the auction.  This setback means that spectrum is [...]

By | 8th September, 2021|4IR, Dispute resolution, IT Law, PPM Attorneys, Technology Law, Telecommunications Law|

Update: New PAIA Regulations

On the 27 August 2021, the Department of Justice published new regulations relating to the Promotion of Access to Information Act (“PAIA”).  The new regulations impose additional obligations on Information Officers.  Additional obligations are as follows: PAIA Guide Entities that are required to have a PAIA manual must ensure that they keep a copy of the Section 10 guide in [...]

By | 3rd September, 2021|4IR, PPM Attorneys, Privacy Law, Regulatory and Governance, Technology Law|