Technology Law

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|

CRIMINALISATION OF CYBERBULLYING IN SOUTH AFRICA

The recent death of a veteran actor, Patrick Shai set tongues wagging after it was reported that he committed suicide following alleged cyberbullying((Kedibone Modise "Somizi Mhlongo probes if cyberbullying played a part in Patrick Shai’s passing" IOL news 25 January 2022.)) on social media platforms.  The cyberbullying allegedly stemmed from the prominent actor’s heated argument with a celebrity.  Furthermore, not [...]

By | 28th January, 2022|Cybercrime, IT Law, Media Law, Social media law, Technology Law|

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, [...]

Measures your organisation can take to comply with condition 7 of POPIA

As more organisations move towards becoming compliant with the Protection of Personal Information Act (“POPIA”), many organisations are looking for a tailored solution to suit their business needs and to better protect the personal information that they hold.  Although condition 7 of POPIA does not stipulate the exact measures that must be taken, it requires that the responsible party must [...]

By | 26th January, 2022|Commercial Law, Data Protection, IT Law, Privacy Law, 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 [...]