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Internet Usage Policy

Sunday, December 20th, 2009

How will it help you? The provision of Internet access exposes your company to various risks: Downloading of offensive material (i.e. material which is defamatory, abusive, obscene, sexually oriented, pornographic, intimidating, threatening, racially offensive or discriminatory); Downloading large files (which impacts on network or diskstorage capacity) Downloading software illegally (which is unlicensed and thus ...

Email Usage Policy

Monday, November 23rd, 2009

How will it help you? It will protect the organisation in the following ways: reduce potential legal liability in respect of claims by employees or third parties; protect proprietary or confidential business information from unauthorised access or disclosure to third parties; prevent losses (e.g. of data and other proprietary information), errors, and mistakes educate employees ...

Characteristics of a compliant email management solution

Monday, November 16th, 2009

If you want to determine whether an email management solution "complies" with the ECT Act, then these are the questions that you should be asking: Is it capable of storing records in a trustworthy manner? Does the product protect the integrity, reliability, accessibility and accuracy of information throughout its lifespan? Does the product ...

Email compliance: email law in South Africa

Friday, August 14th, 2009

There are many benefits to be gained by managing your emails properly. These are some of them: the ability to automatically migrate the emails to other storage media, thereby making the email servers more efficient and users more productive; the ability to make the email system serve as an organisational knowledge store, ...

Opening absent employee email

Friday, October 24th, 2008

Can a company open an employee's email whilst he is away on holiday or out of office? Section 6 of our monitoring law, the Regulation of Interception of Communications & Provision of Communication-Related Information Act of 2002 (RICA) allows companies to monitor and intercept email provided that it takes place "in ...

Guide to Email Management

Thursday, September 25th, 2008

"E-mail is the digital formalin of the 21st century" - Lance Michalson [Formalin n. a colourless solution of formaldehyde in water used as a preservative for biological specimens etc." - OED 9th ed.] Background Email has become the life-blood of most companies.  It has replaced paper based and verbal communications as the single ...

Contracting by Email and SMS

Wednesday, July 23rd, 2008

The Labour Court (in Jafta v Ezemvelo KZN Wildlife (D204/07) [2008] ZALC 84 (1 July 2008)) has recently confirmed that you can conclude a contract by email and SMS. This is not really anything new. Since the Electronic Communications and Transactions Act ("ECT Act") came into effect it ...

Guide to “Advanced” Electronic Signatures

Thursday, June 26th, 2008

On Wednesday 20 June 2007 the Minister of Communications published the Accreditation Regulations in terms of section 41, read with section 94 of the Electronic Communications and Transactions Act, 25 of 2002 (ECT Act).  The Accreditation Authority (AA) is responsible for assessing and granting applications to have certain electronic signatures ...

Legal effect of destroying records

Sunday, November 4th, 2007

There are different reasons why organisations destroy records.  Every time you do so, does not necessarily mean that you are breaking the law. The reasons include the following: Routine records destruction programs. Manual cleaning of the files: Many companies "clean up" their e-mail periodically by asking employees to clean out their inboxes ...

Legal concept of a “record”

Thursday, October 25th, 2007

There is currently no definition of "record" that is universally used by all organisations.  The simple reason for this is that definitions serve the community that they are created by and each community has different needs. Whilst not in itself a law, the South African National Standard on Records Management (SANS ...