Senior Associate

Lucinda Botes

Lucinda is a Senior Associate at PPM Attorneys. She specialises in Information and Communications Technology (“ICT”) law, with a focus on data privacy, cybersecurity and telecommunications regulation. She has advised a range of entities including listed companies in the manufacturing sector and has extensive experience working with public entities. Her work includes advising on telecommunications regulatory compliance, licensing, and operation and maintenance agreements. She has been involved in multi-million rand ICT transactions, including advising on the structuring of various funding transactions in the ICT sector. This includes providing regulatory guidance on change of control provisions, licensing conditions and other compliance considerations in telecommunications licensing. Lucinda has also advised on telecommunications licensing renewals, spectrum use and compliance, submarine cable landing stations and the resale of electronic communications services. She regularly drafts and reviews a range of technology-related agreements, including software agreements, service level and data processing agreements. She has led and supported numerous privacy compliance projects for both public and private sector clients, including drafting privacy policies, privacy frameworks and standard operating procedures. Her broader compliance work includes the development of compliance and risk frameworks aligned with various laws such as cybersecurity, gaming and environmental, social and governance laws. Lucinda has experience conducting probity reviews of procurement processes and advising municipalities and state entities on the application of procurement legislation, including thePublic Finance Management Act and the Municipal Finance Management Act. She also advises on media law, including the liability of publishers,and broadcasters. Lucinda has been involved in copyright litigation, particularly acting on behalf of collecting agencies in the enforcement of intellectual property rights. Lucinda regularly advises on corporate and commercial matters, including commercial contracting and employment matters. She has also delivered training on data privacy, artificial intelligence and ICT-related legal developments to clients in both the public and private sectors.

Lucinda is interested in Telecommunications law, privacy and data protection, cybersecurity law, procurement law, corporate law, media law, information technology law, and emerging technology law.

When Lucinda is not deep in the fine print of a contract, Lucinda enjoys learning and getting creative in the kitchen. Surrounded by teachers in her extended family, she naturally found herself spending a year in South Korea teaching English. An adventure that confirmed her passion for education and her love for kimchi. She also enjoys cooking and once won a local braai competition confirming that her ability to manage a fire is not limited to data breaches. In a former chapter, Lucinda completed a DJ course, a short-lived but lively detour which she eventually traded for a more conventional (and quieter) professional path. These days, she finds balance in spending time with her family and in studying the Bible, which continues to shape both her personal and professional values.

Experience

• Attending to ICASA license applications and ICASA related compliance matters.
• Conducting a due dilligence related to telecommunications transactions.
• Drafting, reviewing and advising on general and commercial agreements for ICT related clients.
• Drafting legal opinions and advisory memoranda relating to licensing in terms of the Electronic Communications Act, 36 of 2005.
• Providing advice on Electronic Communications and Transactions Act, 25 of 2002.
• Reviewing ICT related agreements.
• Drafting and negotiating outsourcing agreements.
• Drafting and amending IT policies and procedures.
• Conducting Protection of Personal Information Act, 4 of 2013 gap assessments for various public and private sector clients.
• Conducting general training and legal department training on POPIA for various organisations.
• Assisting client’s with section 89 assessments.
• Implementing a privacy compliance framework.
• Drafting of various privacy-related policies and IT-related polices.
• Assisting with data breach report to the Information Regulator.
• Providing legal advice relating to compliance with POPIA.
• Drafting of Promotion of Access to Information Act Manuals for public and private sector clients.
• Drafting and reviewing data protection agreements for a major payment company.
• Drafting of various opinions and memoranda for international and local corporate clients relating commercial matters.
• Reviewing commercial contracts and other similar legal documents.
• Advising clients on the Consumer Protection Act, 68 of 2008.
• Assisting with High Court and Magistrates Court litigation for various clients.
• Drafting and negotiating settlement agreements.
• Attending to construction related to adjudication relating to a JBCC dispute.

Publications & Articles

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