Lucien is interested in Telecommunications law, privacy, data protection and cybersecurity law, information technology law and emerging technology law.
Outside of legal practice, Lucien sits on the Independent Regulatory Board for Auditors’ Committee for Auditing Standards, is a non-executive director at Sacred Heart College, Marist Brothers and spends Friday evenings as a Warranted Assistant Troop Scouter at 1st Rosebank Scout Group. He enjoys mountain biking and running and is proud to have completed two Comrades Marathons, summited Mount Elbrus and hiked to Everest Base Camp. He drives a decades-old Defender named “Smokey”.
| • In a dispute between IBM and Telkom, (while at Webber Wentzel) provided advice on regulatory aspects of the lawful use of frame relay technology in South Africa – Instruction date circa 2002. • Advised Anglo American on a major applications management outsourcing transaction. Duties included vetting and finalising the RFP document, considering the six bids which were submitted from a legal compliance perspective, questioning the bidders on legal issues, advising Anglo American on the mark-ups made on the draft outsourcing agreement, drafting and finalising the outsourcing agreement – Instruction date circa 2008. • Advised and drafted the transaction agreements for MetropolitanRepublic in a transaction with MTN Dubai, with respect to the construction, operation and maintenance of a digital asset management system for 22 countries across Africa – Instruction date circa 2013. • Advised Transnet on the procurement process related to Transnet’s acquisition of On-Board Computers for its Electric Locomotives – Instruction date circa 2014. • Advised a multinational telco on joint ventures across Africa to set up data centres – Instruction date circa 2015. • Advised a global multinational on regulatory and compliance aspects of its cloud-based banking and finance applications in South Africa – Instruction date circa 2017. • Advised Engen Limited during the course of a transaction to acquire custom programmed software for use throughout its service stations in Africa – Instructed circa 2019. • Drafted an Information Technology Contracting Manual and Standardised Information Technology Agreements for South Africa’s National Treasury and provided Information Technology Contracting training to National and Provincial Departments and Municipalities – Instruction date circa 2021. • Drafted and negotiated master services, database hosting and software licence and support agreements for Rail Safety Regulator – Instructed date circa 2020. • Advised a multinational in the energy sector on the procurement of software development services to facilitate the operations of all sites across South Africa – Instruction date circa 2022. • The above are a selection of the plethora of information technology transactions has worked on over more than 20 years, In addition, Lucien has acted for technology companies and has advised such companies in respect of the sale and acquisition of computerised data processing programs and systems for both the broadcasting and telecommunications industries, has advised corporate clients on tender and procurement and service levels regarding television production and IT systems and software and has advised corporate clients on issues relating to the formation and restructuring of entities. • Advised the Independent Communications Authority of South Africa in a High Court dispute with the Minister of Telecommunications and Postal Services related to the auctioning and licensing of high demand frequency spectrum in the 700 and 800 MHz bands.; • Advised a multinational telco on joint ventures across Africa to set up data centres; • Attended to the regulatory and compliance due diligence aspects of a transaction involving the transfer of fibre infrastructure from one ECNS licensee to another. • Advised an undersea cable / ECNS operator on the regulatory and compliance aspects (i.e., ICASA’s Ownership and Control Regulations) of its acquisition of another ECNS licensee; • Advised a delisted broadcasting services licensee on regulatory and compliance aspects of its disposal of its interests in another broadcasting services licensee; • Advised both local and international clients on compliance with POPIA and European privacy regulations. Lucien has also advised state clients and listed companies on data breaches, hacking attempts and compromised confidential and private information; • Advised FibreCo on compliance related aspects of its business, advised on a vendor finance transaction related to the procurement of telecommunications infrastructure; • Advised the Independent Communications Authority of South Africa (“ICASA”) during South Africa’s first commercial satellite broadcasting licensing process; • Advised ICASA on the amendment process of PSTS operator licence for the purposes of aligning the licence with the competition provisions of the Telecommunications Act; • Advised MultiChoice Africa on a number of confidential regulatory issues specific to electronic media. Conducted a review of current policies and assisted in drafting new policies. • Advised both local and international clients on compliance with POPIA and European privacy regulations. • Advised state clients and listed companies on data breaches, hacking attempts and compromised confidential and private information. • Conducted a privacy compliance programme for a state-owned agency. • Drafted and attended to the implementation of data privacy policies and procedures on a strategically important, tech focused state-owned organisation. • Advised listed companies, such as Vodacom South Africa, on aspects of the Consumer Protection Act, 2008 has advised the National Consumer Commission on its rights as a body separate to its governing ministry, has presented seminars on the Consumer Protection Act, is a prolific writer on the subject of consumer law and is a regular commentator in the online, print and broadcast media in South Africa. • Advised Endemol South Africa in a successful international domain name dispute filed with the World Intellectual Property Organisation, related to the domain: bigbrotherafrica.com. • Advised a JSE listed information processing entity on the regulatory and contractual implications arising out of a data breach, as well as EU based manufacturers on the implications of POPIA on the transfer of personal information to third party countries. • Advised Vodacom South Africa on compliance related aspects of all legislation relating to the electronic retention and archiving of its records. • Drafted and attended to the implementation of data privacy policies and procedures on a strategically important, tech focused state-owned organisation. • Advised the Development Bank of Southern Africa in a R250 million concession agreement relating to the construction of residences for the University of the Western Cape over three phases. Drafted loan agreements, pledge and cession agreements and the concession agreement. • Advised the Passenger Rail Agency of South Africa on during the RFP phase of its proposed Cape Town International Airport Rail Link project. • Part of a team of legal advisors which advised on the National Treasury’s PPP Toolkit for Tourism project. This entailed drafting template requests for qualifications, requests for proposals and template PPP agreements. • Lead legal advisory role in advising the black empowerment members of the Inkuma Consortium on all legal aspects relating to the Department of Foreign Affairs Head Office Precinct PPP project bid. • Part of the team that advised the Gauteng Department of Health, with respect to the Revitalisation of the Chris Hani Baragwanath Hospital PPP Project. • Acted as lead legal advisor to the Hibiscus Coast Municipality on the PPP transaction relating to a proposed tourism development in the Port Shepstone area. |
Cybersecurity disclosure obligations in financial statements: The SEC’s Corporate Finance Division Guidelines take them seriously. Will we see the same for SA companies?
Drafting South African Data Protection Legislation: Getting It Right the First Time Around – An analysis of the requirements necessary to ensure compliance with the European Union’s “Adequate Level of Protection” requirement in respect of personal data transfers to third party countries. (LLM Dissertation).
SAPS hack: A wake-up call for the state and business.
Legal questions around South Africa’s card hack: PASA, the card schemes and banks have much to worry about.
4ir Laws We Need To Achieve Our Smart City
4ir Seminar – Frequency Spectrum Auction Update
4ir Seminar – Legal Tips To Moving To The Cloud
Big Data Analytics: The Protection Of Personal Information Act Provides For It Too!
Can Transnet Rely On Force Majeure For Its Ransomware Cyberattack?
Competition Commission Media And Digital Platforms Inquiry
Does Your Client Really Own The Content From That Successful Social Media Campaign You Just Ran?
Fsca Declares Crypto-Assets As Financial Products
High Court Hacking Judgment Shifts The Odds In Gogo Dlamini’s Favour
Holding Thumbs That Sa’s Protection Of Personal Information Act Becomes Effective On 1 April 2020!
How To Avoid Your Business Being Spied On By The Us (Any Other) Government
Icasa Proposes Substantially Reducing Call Termination Rates In South Africa
Improvements In It Controls Needed For Local Government: 2013 Agsa Report
International Domain Dispute Success: Bigbrotherafrica.Com Is Back In Its Owner’s Hands
Local Loop Unbundling: The Battle Lines Are Being Drawn
New Requirements For Collective Investment Scheme Advertising, Marketing And Information Disclosure
Next-Generation Radio Frequency Spectrum For Economic Development Policy Published Today
Ppm Attorneys’ Helpful Hints Negotiating Information Technology Hardware Contracts
Profiling – Ai And Privacy Considerations
Public-Private Partnerships In Ict Infrastructure: An Effective Way To Achieve Sa’s 4ir Goals
Public-Private Partnerships In Ict Infrastructure: An Effective Way To Achieve Sa’s 4ir Goals
Registering As An Essential Service Provider Under South African Covid-19 Lockdown Regulations
Sheburi V Rail Safety Regulator – Application Of Popia
Shouldn’t The Sa Post Office Be Using #Fintech To Reduce The Cost Of Paying Sassa Grants?
So, Who Owns Your Website Domain My China? Bigbrotherafrica.Com: A Quick Case Study
Some Sections Of The Protection Of Personal Information Act Became Effective On 11 April 2014
South Africa’s Draft National Ai Plan: Not Good Enough
South Africa’s Minister Of Communications Releases Policy Direction On Woan Licensing
South Africa’s National Data And Cloud Policy, 2024 Published Yesterday
South African Covid-19 Mobile Track And Trace Laws – Should We Be Worried?
Telkom V Vodacom: Why Vodacom’s Fibre Victory Is A Boost For Sa’s 4th Industrial Revolution Goals
The “Nedbank Breach”: What If The Protection Of Personal Information Act Was In Force?
The African National Congress Loses Its Domain Dispute: Tips On How Not To Lose Yours
The Dangers Of Using Ai For Legal Research
The Doj’s R5 Million Privacy Law Fine: The True Cost To South Africa
The Oscar Broadcast Judgment: Why The Court Got It Just Right
The Panama Papers “Hack”– A Cybersecurity Wake Up Call For South African Law Firms And Their Clients
The Panama Papers “Hack”– A Cybersecurity Wake Up Call For South African Law Firms And Their Clients
The Panama Papers “Hack”– A Cybersecurity Wake Up Call For South African Law Firms And Their Clients
The Protection Of Personal Information Bill: A 20 Minute Overview
The Saps Website Hack: A Wake-Up Call That Will Hit Business And The State On The Bottom Line
The South African Cybercrimes & Cybersecurity Bill, 2017…Much Better!
Why Regulating Social Media In South Africa Cannot, Should Not And Will Not Be Allowed To Happen
Why The Gdpr Probably Doesn’t Apply To Liberty And Its Data Breach
Yahoo’s 500 Million User Breach: Notification Requirements Under South African Law
