You are currently viewing the ‘Consumer Protection’ Topic

Online Stores - the legal considerations

Wednesday, October 15th, 2008

Starting or running an online store is more complex than it appears. There are various aspects and different issues to consider. However, there is always a limited amount of time and budget. For this reason, the legal considerations often get ignored or put on the to-do list. By online ...

Advertising financial services products on the Internet

Friday, October 10th, 2008

Is the advertising or selling of financial services products to consumers or to businesses via the Internet regulated, and if so by whom and in what manner? Financial service providers need to register with the Financial services Board from which ...

What can’t be advertised on the Internet?

Thursday, October 9th, 2008

Are there any products or services that may not be advertised or types of content which are not permitted on the Internet? In terms of ASA, the following has been identified as unacceptable advertising: Advertisements that play on fear ( without ...

What rules govern advertising on the Internet?

Thursday, October 9th, 2008

The Advertising Standards Authority (ASA) governs and regulates advertising in South Africa. It is an independent body set up by the marketing communications industry to regulate advertising through a system of self regulation. The Code of Advertising Practice is the guiding document of the ASA. The Code binds the advertiser, ...

Info that must be on your web site

Wednesday, October 1st, 2008

The law requires that certain information appears on your web site.  No really - it does.  Section 43(1) of the Electronic Communications and Transactions Act (ECT Act) is the relevant legislation.  Very few web sites comply with this section despite it being applicable to most web sites.  Section 43(1) begins: "A ...

The benefits of plain legal language

Tuesday, July 22nd, 2008

What are the benefits of legal documents being in plain language or plain legal language? Communicate effectively - people can actually read and understand plain language documents.  The purpose of most agreements is to regulate behaviour. For example, a lease tries to regulate the way a tenant uses a property. That ...

Warranties on Grey Goods

Monday, July 7th, 2008

On 10 June 2008 an article in Finance Week titled "Apple retailers feeling rotten" focused on an uproar by 9 technology retailers over a print ad campaign run by the Core Group naming them as "grey" importers of Apple hardware. In the ad they pointed out that customer who purchased ...

Consumer protection provisions of the ECT Act

Saturday, May 3rd, 2008

Chapter VII of the ECT Act deals with consumer protection and applies only to electronic transactions. The following sections of the ECT Act of of particular relevance regards a consumer's right of cancellation: Scope of application 42. (1) This Chapter applies only to electronic transactions. (2) Section 44 does not apply to an electronic ...