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.
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.
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.
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.
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.