INFORMATION TECHNOLOGY LAW

Information Technology Law in South Africa

ICT Regulatory Compliance

Cybercrime / Cybercrime Forensics


Regulatory Compliance

  • POPI Act
  • RICA
  • FICA
  • Consumer Protection Act
  • ECT Act

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IT Trade and Industry Solutions

  • Paperless Office Solutions
  • E-Commerce Solutions

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IT Litigation

  • Civil
  • Criminal

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Regulatory Compliance

  • POPI Act

    • The Protection of Personal Information Act (“POPI Act”) was introduced to give effect to the constitutional right to privacy.
    • The POPI Act protects personal information processed by both public and private bodies. It establishes the minimum requirements for the processing of personal information.
    • Our firm provides advice to businesses and organisations on effective ways to comply with the data protection laws, rules and standards.  We also advise transnational corporations on how to lawfully process personal data in terms of South African laws.
    • We prepare tailor-made data protection policies for businesses and organisations.
  • RICA

    • The Regulation of Interception of Communications and Provision of Communication-Related Information Act (“RICA”) is a law that makes it compulsory for everyone in South Africa to register their cellphone number.
    • RICA also allows businesses to intercept any communications which may be related to the business and also if the particular business is a party to the communications.
    • Being aware of the importance of privacy rights, we provide legal advice to our clients on lawful surveillance and monitoring at the workplace and interception of communications.
    • We prepare workplace policy guidelines that essentially deal with all forms of communications exchanged using company property or on company internet networks and telecommunication networks.
    • We also review employment contracts to ensure that they are in line with legal developments.
  • FICA

    • The Financial Intelligence Centre Act (“FICA”) was introduced to fight financial crime, such as money laundering, tax evasion, and terrorist financing activities.
    • Information & Communications Technology (“ICT”) is convenient for many forms of electronic transactions. The technology has enabled local companies to transact with international corporations and foreign consumers. However, businesses focused on the prospects of financial returns relating to a business venture can sometimes overlook their corresponding legal obligations under FICA.
    • We offer guidance on the implementation of FICA obligations, and can set up regular checks with our clients to ensure that their businesses are complying with FICA.  With every transaction, we are able to ascertain whether there are red flags and can advise our clients accordingly.
    • In cases where we suspect money laundering or financing of terrorist activities, we provide advice to clients on the reporting of such suspicious transactions to the Financial Intelligence Centre.
  • Consumer Protection Act (“CPA”)

    • There has been a rapid shift from traditional, “handshake” or face-to-face sale agreements to electronic commerce and the use of mobile apps.  Many e-vendors and e-consumers are oblivious of their rights and obligations in relation to such transactions.  Our team is qualified to advise your business and train your management and staff so that they have a good grasp of their contractual obligations under the CPA.  We can also provide information to a vendor’s customers regarding their rights in this regard.
    • We can draft and review contracts to ensure that they comply with the CPA and other related legislation.
    • We can advise on issues such digital marketing, how to run lawful loyalty programmes, how to lawfully process personal information during marketing, and how to comply with the CPA rules on labelling, pricing, and advertising of goods and promotional offers.
    • We can represent and advise consumers who enter into various contractual agreements with sellers of both goods and services.
    • Some of our work includes reviewing retail policies and standards to ensure that they are in line with current legislation.  Examples of such policies are those relating to returns and repairs of defective products, outdated terms and conditions in contracts, and voetstoots clauses.
  • ECT Act

    • The Electronic Communications and Transactions Act (“ECT Act”) established a formal structure to define, develop, regulate and govern e-commerce in South Africa.
    • We assist businesses interested in e-commerce by drafting and reviewing various agreements.
    • We advise businesses on the legal requirements for websites as well as preparing compliant Terms and Conditions, Disclaimers and Policies for websites.
    • We assist clients in registering and renewing their domain names.

IT Trade and Industry Solutions

E-contract

  • Consumers are increasingly finding it easier to shop for their goods and services online. Consumers hardly read website terms and conditions (“T&Cs”) and can end up being contractually bound to agreements of which they are not even aware.  So-called “click-wrap” agreements can arise with a single click of a mouse-button.
  • Our team has expertise in both the law of contract and electronic commerce.  We are able to draft contractual agreements that are in line with the ECT Act, POPI, CPA, the Companies Act, the Trade Marks Act, etc.
  • We advise businesses on whether website T&Cs create contractually binding obligations. We also draft website T&Cs for interested clients.
  • We provide legal advice and representation in cases where there are contractual disputes, either regarding the validity of an e-contract, or disputes regarding the interpretation of e-contracts.

E-signatures

  • We provide legal advice on the laws regulating electronic signatures and when to use e-signatures. We also advise clients on the types of e-signatures to be used in particular transactions.

Domain Names

  • It is becoming commonplace that popular brands are registered by persons as domain names to prevent the rightful owners from registering the domain. If your brand has been registered as a domain name by a so-called “cybersquatter”, we are able to provide legal representation to get the registrant to transfer the domain name to you. We also represent clients who are involved in domain name disputes.

Information and security and compliance

  • The advent of the internet and computers has caused information and data to become highly valuable assets. It is good business practice to ensure that information is securely safeguarded.
  • Our team is experienced in drafting Data Protection Policies for different businesses and organisations. We advise our clients on the lawful measures to be put in place to protect personal data from being unlawfully processed.
  • We advise clients on effective ways to secure data through the use of encryption & decryption tools, passwords, physical security features, etc.
  • In the event of a breach of POPI and the unlawful processing of personal data, our team is ready to provide legal representation.

Social Media

  • Social networking services have taken commerce by storm. Businesses and individuals alike rely on social media platforms as a medium of communication.  Businesses use social media as a way to get new customers, to get reviews from customers and to keep in touch with existing customers. Since both employers and employees use the same platforms for communication, it is essential to put social media policies in place. Our team is well experienced in drafting social media policies specific to your industry, in order to mitigate risks such as the vicarious liability of an employer.

Information Technology Litigation

Civil

Electronic evidence is the predominant form of evidence used in civil litigation today. This arises from the fact that a vast amount of information is stored, created and exchanged in electronic format.

Legal practitioners often ignore rather than confront this reality, with the result that the principles of e-discovery and electronic evidence are not applied.

We specialise in the correct and efficient application of electronic evidence principles and rules. This gives our clients a significant advantage in the area of civil litigation.

Criminal

The field of Cyber-forensics is of cardinal importance for promoting effective investigation, litigation and presentation of electronic evidence in criminal matters.

We are able to provide specialist forensic investigation and litigation services. Cyber-forensics is an integral part of our practice and we facilitate and utilize the skills of Cyber-forensics experts.

Litigation in matters involving social media and internet fraud is one of our particular strengths.

E-Discovery

E-discovery can be described as any process whereby electronic information is pursued, located, secured and searched with the intention of using it as evidence in civil or criminal legal matters. Two distinct branches of expertise exist in the e-discovery process:

  • The first branch is the discipline of cyber-forensics whereby a trained computer expert extracts the electronic information in a forensically sound manner.
  • The second branch is legal in nature, whereby an attorney with expertise in the admissibility of electronic evidence presents the gathered evidence in a court of law.

We facilitate services in both of these branches of expertise. For Cyber-Forensics we utilize top experts in the field. Gideon Bouwer is our specialist Information Technology Law consultant and deals with the legal aspects of e-discovery.

Cyber-Forensic Investigation

We facilitate the investigation of cybercrimes and delicts committed on the internet. This includes the gathering of evidence to be included in criminal dockets and civil matters.

E-Procedure & Evidence

Existing common law does not specifically provide for the search and seizure of electronic evidence. Therefore, electronic evidence and the procedures used for gathering, presenting and adjudicating on such evidence have greatly frustrated and complicated litigation in civil and criminal matters. We provide support to ensure legal compliance with the applicable procedures.

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mail@moorepatent.co.za