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Sunday, June 14th, 2009
The acronym ICT is often used in many different contexts. For example, people refer to the ICT industry, ICT sector, ICT companies, ICT law, the ICT BEE Charter, ICT governance and ICT legislation. But what is the acronym ICT actually short for? With the acronym you lose the "and" and ...
Posted in Communications, FAQs, Information Management, Information Security, Technology | No Comments »
Monday, April 20th, 2009
Highlight: There are three current trends in information security:
Information security is no longer just a technical issue for the IT Department - it is now a legal obligation.
The emergence of a legal standard against which compliance will be measured.
A new emphasis on a duty to disclose breaches of information security.
Introduction
The ...
Posted in FAQs, Information Security, Subscriber, Web Sites | Comments Off
Friday, April 17th, 2009
Information security law is an emerging area of the law which is currently at the same stage of development as so-called "Internet law" or "cyber law" was at in the early 21st century.
There is no single law in South Africa that governs all of a company's information security obligations. Rather, ...
Posted in FAQs, Information Security, Subscriber | No Comments »
Monday, March 16th, 2009
We often get asked what the difference is between "reasonable efforts" and "best efforts". Sometimes they are referred to as "reasonable endeavours" or "best endeavours". It is often a sticking point in the negotiation of agreements and sometimes causes disputes. "Best efforts" and "reasonable efforts" are vague and not easy ...
Posted in Agreements, Clients, Explanations, FAQs, Goods or Services, Subscriber | No Comments »
Sunday, March 1st, 2009
We focus on the law related to ICT:
Information - (or data) in paper or electronic format
Communication - in person or electronically (electronic communications), in writing or voice, telecommunications, and broadcasting
Information technology (IT) - including software, hardware and electronics
Communications technology - including protocols, software and hardware
By law we mean laws, rules, ...
Posted in FAQs, Guides | 2 Comments »
Wednesday, February 18th, 2009
Introduction: A common issue nowadays is who owns the copyright in content posted to web site posts or blogs - content in the form of text, visual images or the like, where a web site allows this sort of participation by users. We often receive queries around (1) who ...
Posted in FAQs, Intellectual Property, Web Sites | No Comments »
Tuesday, February 17th, 2009
Your employee develops software for (i) his own use to improve his work performance; or (ii) use by the employer. Who owns the copyright in the software?
At a first glance, the answer seems obvious: The Copyright Act 98 of 1978 indeed makes provision for this in section 21 (1) (d) ...
Posted in Clients, FAQs, Intellectual Property, Labour, Subscriber | No Comments »
Monday, February 16th, 2009
There is a body of law developing relating to personal information. It is therefore critical to know exactly what personal information is. It is defined in law, but has not been interpreted by a court. It could also change in the not too distant future.
Personal information is currently defined in ...
Posted in Access to Information, Clients, FAQs, Privacy, Subscriber | No Comments »
Monday, February 2nd, 2009
We sometimes get asked by technology companies: Where can we find someone to invest money into our company in exchange for equity?
Here are some options of people to contact in no particular order:[private]
Industrial Development Corporation (IDC)
Cape Venture Partners (CVP) - Tony Mallam - Partner
Hasso Plattner Ventures Africa - Andrea Bohmert ...
Posted in FAQs, Shareholders, Technology, eCommerce | No Comments »
Thursday, October 23rd, 2008
Online gambling is not permissible under the current legislation, but will soon be once the National Gambling Amendment Bill gets enacted. Currently gambling in South Africa is regulated concurrently by national and provincial legislation. The National Gambling Act 7 of 2004 ("the National Gambling Act") governs all gambling activities in ...
Posted in FAQs, Gaming, Subscriber, Web Sites, eCommerce | No Comments »
