There are different reasons why organisations have to consider destroying 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: [...]
Information security law is an emerging area of the law. There is no single law in South Africa that governs all of a company's information security obligations. Rather, it comprises a 'patchwork' of different laws, and even standards and best [...]
What impact will the new privacy bill have on my business? The way you manage information: in terms of the Protection of Personal Information Bill ("POPI"), you will now have to classify what information you hold constitutes "personal information" [...]
Measuring compliance is very important, but difficult to achieve. One of the most difficult issues with compliance is precisely how to measure it as the determination is very subjective. There are different types of compliance. For us, compliance itself is not [...]
On the weekend of 17/18 April 2010 a colleague of mine, Reinhardt Buys died at the age of 39. He was a senior manager in Tax & Legal at Deloittes. Reinhardt and I started practising IT Law in the mid-1990s [...]
Many people think that complying with data protection law is simply a case of preparing a privacy policy. In doing so, there appears to be a tendency to simply "cut and paste" from an existing privacy policy online. This is possibly [...]
We often get asked to review a document which looks like a contract and contains legalistic words, but, on closer analysis, is not one. What is a contract? A contract is an agreement between two or more people or organisations [...]
In a recent decision by the South African Institute of Intellectual Property Law (SAIIPL), the domain name <absapremiership.co.za> (domain name) was transferred to ABSA Bank Limited (ABSA). ABSA is the registered holder of the trade mark "ABSA" and has also [...]
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 [...]
SMS is "the one form of communication that many people are tethered to 24/7. Which helps explain why, at a time when in-boxes fill with hundreds of never-opened email messages from direct marketers, 97 percent of all SMS marketing messages [...]
Many people have heard the term certification authority or "CA", but are not exactly clear on what it means or what a CA does. In information security and cyberspace, certainty over the identification and authentication of the parties to a [...]
It is common for corporate lawyers or in-house legal advisers to use external attorneys. Why? There are several reasons for this, most of which relate to relieving the pressure that they are under. That pressure can be knowing the law; [...]
