Security Measures under the Protection of Personal Information Act (“POPI”)
The recent proliferation of digital hacking and other associated forms of cybercrime has exponentially increased the need for the development of substantial and comprehensive data protection mechanisms in South Africa. The majority of modern South Africans conduct a plethora of personal and business transactions online which in-turn results in the continuous processing and storage of more...
What can a consumer do about unsolicited emails and messages?
None of us are strangers to the multiple advertising emails and text messages received daily. How can you opt-out and fight this unsolicited commercial advertising or “spam”? Summary of relevant legislation 1. Electronic Communications and Transactions Act, 25 of 2002 (“ECTA”) In terms of Section 45 of ECTA, any person who sends unsolicited commercial communications more...
Cybercrime and Jurisdiction – where do we stand?
We have a lot of legislation setting out cybercrime in theory, but enforcing the sanctions on online behaviour is more difficult than the enforcement of "traditional" laws. After many years of legal uncertainty on cybercrime and technology related offences, the Electronic Communications and Transactions Act[1] (ECTA) was passed in 2002. Other legislation that helps in more...
How to avoid your business from becoming a victim of cybercrime? Prevention – 101!
Cybercrime, being a crime related to technology, computers and networks, is steadily on the rise in South Africa and it is essential that businesses upskill on cyber security to prevent cybercrime in their organisation or seek the assistance of experienced cyber security experts to address their cyber security needs by ensuring the right processes are more...
Software Development and Copyright.
1. Introduction Some years ago, I wrote a guide for software developers to briefly explain how copyright law applied to software development. Little has changed since I wrote that guide - the legislative landscape remains much as it was and the South African courts do not deal with copyright in software a great deal. more...
Amendment of .za Alternative Dispute Regulations
Since 2006 it has been possible to challenge the lawfulness of domain name registrations in the .co.za second level domain in terms of the Alternative Dispute Resolution Regulations promulgated under the Electronic Communications and Transactions Act 25 of 2002. The ambit of these regulations was subsequently expanded to cover the .net.za, .web.za and .org.za second more...
Mobile App End User Licence Agreements (EULAs)
Smartphones are incredibly useful things, and part of that usefulness comes from being able to download mobile applications (apps) to them. What’s so special about an App? Mobile apps are typically simpler than desktop applications, and commonly interact with a server to provide a service to the user, rather than having the processing taking place more...
Online Promotional Competitions
This article is about promotional competitions, which are widely used as a form of marketing for goods and services. I do not intend to discuss the church raffle, the national sea rescue draw, or other fund-raising initiatives for non-profit organisations. What is a promotional competition? Promotional competitions are regulated by the Consumer Protection Act 68 more...
Notice by SMS: the Law.
We have all received SMSes from businesses offering their services to us. Often when these messages are unsolicited we consider them to be spam and block the number, or even complain to WASPA or perhaps the DMASA about them. But if we are in a commercial relationship with one of these businesses, can they use more...
Website Terms and Conditions
Does your website protect you and your business? You may have a website for your business which is an important tool as you grow and develop. Whether your website is a way in which customers can directly purchase goods and services from your business (e‑commerce), or whether your website is simply an advertising tool and more...
Defamation on Facebook
In the case of Heroldt v Wills 2013 (2) SA 530 (GSJ) the South Gauteng High Court considered defamation and the infringement of privacy through Facebook. The Respondent posted information on Facebook that portrayed the applicant as having a drug and alcohol problem, as well as failing to financially support his family. The Applicant requested that the more...
Electronic Signatures in South Africa
Electronic contracts are concluded through data messages which are defined in the Electronic Communications and Transactions Act (“ECTA”) as data generated, sent, received or stored by electronic means. The ECTA recognises two types of electronic signatures. The first type is data attached to, incorporated in, or logically associated with other data and which is intended more...