Technology Law

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 [...]

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|

TECH LEGAL MATTERS PODCAST

Technology continues to challenge the legal system and sometimes laws battle to keep up with the speed at which technology is changing, and the various new technologies that are launched. The Tech Legal Matters podcast explores cybersecurity, privacy, and data protection and other similar topics at the intersection of technology and the law. Subscribe to this podcast, published by iAfrikan [...]

By | 16th July, 2020|4IR, Cybersecurity, Data Protection, Fintech, PPM Attorneys, Privacy Law, Technology Law|

Digital Innovation and its impact on Privacy Law

The speed of digital innovation and the emergence of technologies such as facial recognition and fingerprint authentication has brought with it privacy and cybersecurity concerns. In the recent months, after the killing of George Floyd, law enforcement authorities in the United States deployed powerful surveillance tools to monitor and track the protests against systemic racism and police brutality. Drones were [...]

By | 14th July, 2020|4IR, Cybersecurity, Data Protection, GDPR, IT Law, PPM Attorneys, Privacy Law, Technology Law|

POPIA is vital for 4IR law

The fourth industrial revolution (“4IR”) is causing significant changes to the way we live, interact and do business. This is the future of technology, where objects, machines and various other devices connect with each other in a secure, networked environment. 4IR is being driven by intelligent machines that can perform complex tasks automatically by communicating with other machines, with little [...]

THE INVITATIONS TO APPLY FOR SOUTH AFRICA’S HIGH DEMAND SPECTRUM AUCTION AND WIRELESS OPEN ACCESS NETWORKS ARE IMMINENT

The Independent Communications Authority of South Africa (“ICASA”), the country’s communications regulator, last night, briefed Parliament’s Portfolio Committee on Communications on progress regarding the licensing of the long awaited high-demand frequency spectrum (“the IMT Spectrum”), the licensing of the Wireless Open Access Network (“the WOAN”) and the regulation of TV White Spaces. ICASA Councillor, Nomonde Gongxeka-Seopa, who spoke on behalf [...]

By | 24th June, 2020|4IR, IT Law, PPM Attorneys, Technology Law, Telecommunications Law|

COVID-19 Update: Verifying Electronic Signatures and Notarisation

Within the past month, we have gone from mainly needing to authenticate and verify documents through a physical (wet-ink) signature to an era where the need to authenticate and verify documents online is inevitable. We have effectively moved from paper-based certification and verification to electronic authentication This effectively, all in a bid to safeguard against the COVID – 19 pandemic, [...]

Contact tracing mobile apps: Recommendations from the European Data Protection Board

By now, everyone knows that certain constitutional rights can be limited in order to serve a public interest such as public health. However, concerns around privacy protection keep mounting, especially so with the implementation of lockdown regulations on contact tracing.[1] Contact tracing is being implemented on a global scale with countries leveraging different technologies to prevent the spread of COVID-19. [...]

By | 15th May, 2020|4IR, PPM Attorneys, Privacy Law, Technology Law|

JOURNALISTS MUST BE AFFORDED SPECIAL PROTECTION UNDER SOUTH AFRICA’S CORONAVIRUS MOBILE TRACK AND TRACE LAWS

There is general consensus that, if conducted lawfully and in compliance with privacy and related laws, combating Covid-19 with mobile track and trace technology may be justified. Stakeholders in South Africa, who are normally vociferously outspoken when privacy rights are concerned, have not protested too much about its Contact Tracing Regulations. One aspect that many of us may have overlooked, is [...]

THE “NEDBANK BREACH”: WHAT IF THE PROTECTION OF PERSONAL INFORMATION ACT WAS IN FORCE?

Nedbank has handled the data breach its direct marketing services supplier - Computer Facilities (Pty) Ltd – suffered last week, reasonably well. This is evident from how they appear to have investigated it, to their frank, factual and informative press release. Apart from some reputational damage and a few million rand in forensics, legal and public relations agency fees, Nedbank [...]

By | 11th March, 2020|4IR, Cybersecurity, Data Protection, GDPR, PPM Attorneys, Privacy Law, Technology Law|