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.
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.
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 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.