Lance Michalson

/Lance Michalson

About Lance Michalson

Lance Michalson was the founder of Michalsons and left in 2013. He is now the In-house Legal Advisor at Dimension Data, Sydney, Australia. You can read his articles below or find out more about him.

Complying with RICA – a guide

RICA stands for the Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002 and finally came into effect on 30 September 2005. RICA is the piece of South African legislation that governs the interception or [...]

By |2019-02-18T19:22:41+02:00January 1st, 2019|Categories: Monitoring Law|Tags: , , , , , |

Monitoring or intercepting of communications lawfully

The monitoring of communications must be done lawfully. For example, employers often monitor employee communications (for example, email, websites visited and telephone calls made) in order to gather the evidence required to dismiss an employee fairly. Companies sometimes monitor other [...]

By |2019-06-26T11:16:33+02:00September 25th, 2018|Categories: Monitoring Law|Tags: , , , |

Current trends in information security in South Africa

There are three high water marks in the evolution of a body of "information security law" in South Africa: The King III Report™ on Governance for South Africa was released on 1 September 2009 The ECT Act in 2002 The [...]

By |2019-08-20T11:26:08+02:00December 3rd, 2012|Categories: Information Security Law|Tags: |

Business Critical Software: Own or License?

We are often asked by users of mission-critical software whether they should purchase the software, or merely license it from the vendor. Here is some guidance and options. Ownership of software Ownership of the Software is the securest position a [...]

By |2019-07-23T11:45:59+02:00August 14th, 2012|Categories: Contracts|Tags: , , |

Cryptography laws in South Africa

What is cryptography? Wikipedia defines "cryptography" as "the practice and study of hiding information". Where a document or communication has been encrypted, the act of encrypting serves several purposes? To: establish its authenticity; prevent its undetected modification; prevent its repudiation [...]

By |2019-07-23T12:15:55+02:00May 25th, 2012|Categories: POPI and Data Protection|Tags: , , |

Forensic IT and the Law

Forensic IT and computer forensics is big business. There are now many forensic investigators. Especially because most business documents are created electronically nowadays. The need for electronic evidence is not confined to obvious cybercrime events such as hacking, fraud and [...]

By |2019-08-20T13:53:57+02:00May 22nd, 2012|Categories: Cyber Crime|Tags: , , |

Is an NDA Worth the Paper it is Written on?

There is a trend for people to demand the signing of confidentiality or non-disclosure agreement (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 [...]

By |2019-07-26T15:58:29+02:00May 21st, 2012|Categories: Contracts|Tags: , , |

Trademark Applications – What You Need to Know

Trademark applications give a trade mark powerful protection against infringement. By default, trademarks are protected by the common law, but it's often difficult and expensive to protect your brand this way. Trademarks can be registered under the Trade Marks Act, No. 194 [...]

By |2017-12-07T07:01:41+02:00February 5th, 2012|Categories: Intellectual Property Protection|Tags: |

Impersonation and fake social media accounts

A fake social media account could result in legal action against the impersonator in terms of either civil or criminal law. However, this pre-supposes that one is able to ascertain the true identity of the person behind the impersonation. This [...]

By |2019-07-31T11:09:37+02:00November 8th, 2011|Categories: Social Media Law|Tags: |

Why IT disputes occur and how to avoid them

I have recently been negotiating some complex IT contracts for a client and again witnessed the disconnect between the IT vendor and its customer. I was reminded how often this leads to legal problems, difficulties, and disputes. What follows is [...]

By |2018-07-25T14:39:36+02:00October 24th, 2011|Categories: Contracts|Tags: , |