law

The ARB Code is not ‘Members Only’

The Advertising Regulatory Board (“the ARB”) is an independent entity established to regulate advertising in South Africa.  The ARB administers the Code of Advertising Practice which regulates the content of South African advertising.  The ARB’s Code of Advertising Practice sets out the basic principles of what is regarded as acceptable advertising.  Although the ARB is a membership-based entity, and only members of the ARB [...]

By | 26th January, 2021|Advertising law, Media Law, PPM Attorneys|

KING IV ON DIRECTOR INDEPENDENCE

All directors are required to always act in the best interests of the company, and this can only be achieved if directors set aside their personal interests.  In order to ensure that no one individual, or group of individuals yield unfettered power on the Board, King IV proposes the appointment of independent non-executive directors. King IV defines independence as “the [...]

By | 15th December, 2020|Company Law, PPM Attorneys, Regulatory and Governance|

What fiduciary duties does a social media company owe your profile?

Data like oil is a vital tool in maintaining growth of firms, industries and companies. Companies want to get a hold of information detailing what their customers and competitors are discussing about them, so that the business may be improved through feedback.  However what standard of care must one who is able to ascertain the personal information of a natural [...]

By | 10th April, 2018|Cybersecurity, Data Protection, Privacy Law, Social media law|

The recent repeal of the rules surrounding Net Neutrality in the US may affect us. Here’s how…

No more Netflix and chill???   Feel like streaming a movie with bae[1]?  Or binge watching the latest season of GoT? (that’s Game of Thrones for all you people with real lives).  Your life in the lap of television luxury may soon cost double or even triple your monthly Showmax subscription, or even worse, come to an abrupt end. At [...]

By | 13th March, 2018|IP Law, Media Law|

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? [...]

WHY IS THE GDPR RELEVANT IN SOUTH AFRICA

The European Union’s General Data Protection Regulations (“the GDPR”) are set to become fully effective on 25 May 2018.  Closer to home, the Protection of Personal Information Act 4 of 2013 (“POPIA”) is closing in and is likely to become fully effective next year.  Needless to say, the theme for 2018 is data protection. Compliance with POPIA is an extensive [...]

By | 9th November, 2017|Data Protection|

THE IMPACT YOUR SOCIAL MEDIA POSTS HAVE ON YOUR INSURANCE CLAIM

I was recently involved in a car accident, and as a result, was hit with (other than another car) the shocking revelation of the extent to which insurers go to confirm the details of a claim. Insurance companies  investigate accident claims in order to prevent fraud,  and social networking sites such as Facebook, Twitter and Instagram are treasure troves of [...]

By | 9th November, 2017|PPM Attorneys, Social media law|

COMPARATIVE ADVERTISING: DO YOUR BATTERIES LAST UP TO 10X LONGER?

Introduction The Advertising Standards Authority (“ASA”) recently ruled that Duracell’s claim that its batteries “last up to 10 times longer” than ordinary zinc batteries was misleading to consumers and effectively breached Clause 4.2.1 of Section II of the Code.  This decision followed a referral by Eveready (Pty) Ltd which stated that Duracell’s advertising campaign breached five codes under the ASA’s [...]

By | 9th November, 2017|Advertising law, PPM Attorneys|

PRIVACY AND DIGNITY: A BALANCING ACT

Section 16 of the Constitution Everyone has the right to freedom of expression & the right to receive and impart information and ideas. Section 10 of the Constitution Everyone has the right to the protection of this dignity and reputation. Competing Rights Two competing rights which are upheld by the Constitution. Section 16 of the Constitution provides a broad guarantee [...]

By | 10th October, 2017|Information Security, PPM Attorneys|

THE TRUTH BEHIND TRUECALLER

Truecaller is a global telephone directory and reverse directory that has caller ID, social media integration and call-blocking functionality.  It lets you search for contact information, identify incoming calls, and block calls you don’t want to receive. Most smartphone users use the Application (“App”) to trace and block spam calls, but have you ever wondered how the App has access [...]

By | 10th October, 2017|Data Protection, PPM Attorneys, Privacy Law|