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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 ...

Does someone else process your personal information?

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 ...

Are you aware of applicable ICT laws?

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 ...

Protection of Personal Information Bill - the implications for you

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 ...

The Rights to a Database

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 ...

Take-down notices

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. ...

Consumer Protection in electronic transactions: ECT v CPA

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 ...

Get limited liability

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 ...

Privacy: will the wait soon be over?

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 ...

Are NDAs worth the paper they are written on?

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 ...