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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 ...
Posted in Compliance, Email, FAQs, Guidance, Information Management | No Comments »
Monday, November 9th, 2009
Virtually every organisation makes use of a third party vendor or service provider (basically any provider of ICT goods or services) to process their personal information. For example, if an organisation outsources part of their IT function, then a third party will almost certainly be processing personal information. Another example ...
Posted in Agreements, FAQs, Guidance, Privacy | No Comments »
Thursday, October 1st, 2009
King III has confirmed what we have always known. Companies must comply with all applicable IT (or ICT) laws. Due to the pervasiveness of ICT in business today this obligation has become all the more relevant. This applies equally to any other organisation, government body, or entity. This is nothing ...
Posted in Compliance, FAQs, IT Governance | No Comments »
Monday, August 24th, 2009
On the one hand, virtually every organisation processes personal information - it is an important part of business. Up until now, there have been very few laws and regulations that an organisation had to comply with. That is about to change. Organisations will still be able to process personal ...
Posted in Access to Information, FAQs, Guides, Information Security, Privacy, Spam, Updates | No Comments »
Thursday, July 30th, 2009
Databases have become very valuable assets. People often ask, what is the law relating to databases? What is a database? How do you define a database in an agreement? How does the law protect different aspects of a database? What type of work (for the purposes of copyright protection) is ...
Posted in Agreements, FAQs, Intellectual Property, Opinions | No Comments »
Saturday, July 11th, 2009
A web site sells pirated software (for example). It is an unlawful activity and people may want to put a stop to it. Another example is the recent case in New Zealand where, after a fight, a son tried to sell sexy photos of his mom on an auction site. ...
Posted in FAQs, Web Sites, eCommerce | No Comments »
Wednesday, July 1st, 2009
We told you previously that the Consumer Protection Act 68 of 2008 (CPA) has been signed into law and will become operative on 24 October 2010. The CPA will give consumers lots of rights and protection where in the past vendors could to a large extent decide how they wanted ...
Posted in Consumer Protection, FAQs, Goods or Services, eCommerce | No Comments »
Wednesday, July 1st, 2009
In the past, various Internet service providers (ISPs) have been held liable for the unlawful action of others. For example, ISPs have been held liable for the data hosted on one of their servers by a customer. So, a user opens a hosting account with an ISP and puts up ...
Posted in FAQs, Goods or Services, Web Sites, eCommerce | No Comments »
Wednesday, June 24th, 2009
The Protection of Personal Information Bill (POPI or PPI Bill) has been a topic of discussion in the industry for many years now. Many people have been wondering when it will become law and what is the current status. There has understandably been a lot of interest.
we are now waiting for ...
Posted in Alerts, FAQs, Privacy | No Comments »
Monday, June 15th, 2009
There is a trend for businessmen to demand the signing of non-disclosure agreements (NDAs). An NDA is useful:
when someone needs access to an organisations confidential information or trade secrets, for example for the purpose of preliminary discussions and evaluations;
where a purchase of a company is contemplated;
where a joint venture is ...
Posted in Agreements, Clients, FAQs, Goods or Services, Guidance, Information Management, Intellectual Property | No Comments »