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.

Can a website provider use third-party content without permission?

Can a website provider use third-party content on its website without permission from the third-party content provider? No. This would amount to a contravention of the Copyright Act 98 of 1978 if the content, as a copyrighted work, was first published [...]

By |2026-09-18T09:05:04+02:00September 27th, 2008|Categories: Intellectual Property Protection|Tags: , , |

The Law vs Unsolicited Commercial Communications

(First published on 18 August 2003) Unsolicited commercial communications, also known as "SPAM", whether in the form of e-mail, SMSs or instant messages, have been described as being the mosquitoes of the Internet - numerous, annoying and often carrying objectionable [...]

By |2022-12-19T09:50:05+02:00September 20th, 2008|Categories: Marketing Law|Tags: , , |

Ripping CDs can be unlawful

Many of us convert audio CDs we have bought from their native CD-DA format to MP3 or some other compressed audio format . The act of converting CDs is commonly known as "ripping" - when the term was coined, it [...]

By |2019-08-02T11:18:15+02:00September 16th, 2008|Categories: Intellectual Property Protection|Tags: , , , |

Measures to be taken by companies to guarantee security of Internet transactions

Section 43(5) of the ECT Act requires the supplier in an electronic transaction to "utilise a payment system that is sufficiently secure with reference to accepted technological standards at the time of the transaction and the type of transaction concerned." [...]

How does the law recognise or define e-signatures?

The ECT Act defines an electronic signature as data attached to, incorporated in, or logically associated with other data and which is intended by the user to serve as a signature. The ECT Act recognises the contractual freedom of parties [...]

By |2019-08-24T11:47:07+02:00August 14th, 2008|Categories: Electronic Signature Law|Tags: |

Tests used to determine jurisdiction for Internet based transactions

What tests or rules are applied by the courts to determine the proper jurisdiction for Internet-based transactions (or contentions) in cases where the defendant is resident or provides goods or services from outside the jurisdiction? The general principle for a [...]

By |2019-08-24T11:49:16+02:00August 14th, 2008|Categories: Internet Law|Tags: , , |

Regulatory bodies responsible for the regulation of e-commerce

Which, if any, regulatory bodies are responsible for the regulation of e-commerce and Internet access tariffs and charges? E-commerce is regulated to a limited extent in South Africa in the 4 areas mentioned hereunder by either the DOC or the Consumer [...]

By |2022-12-22T10:14:45+02:00August 14th, 2008|Categories: Electronic Transactions Law|Tags: , |

Legislation that governs business on the Internet

The ECT Act introduced to South Africa formal legal recognition of electronic commerce. It provides for the facilitation and regulation of electronic communications and transactions, including issues relating to electronic signatures, electronic evidence and computer crimes. Its primary objective is [...]

By |2022-11-15T16:51:19+02:00August 13th, 2008|Categories: Internet Law|Tags: , , , |

The government’s attitude to Internet issues

How can the government's attitude and approach to internet issues best be described? During both the pre and post-apartheid periods, the South African government embarked on a mission to formulate information and communications technology policies. There have been multiple ICT [...]

By |2019-08-24T11:53:26+02:00August 13th, 2008|Categories: Internet Law|Tags: , , , |

Corporate Governance and IT in South Africa

There are many definitions of corporate governance. Simply put, corporate governance is doing what is right, decent, honest and proper in order to hold a balance between, on the one hand, economic and social goals and, on the other hand [...]

By |2019-08-02T11:28:19+02:00November 3rd, 2007|Categories: IT Law|Tags: , , |

Legal concept of a “record”

There is currently no definition of "record" that is universally used by all organisations.  The simple reason for this is that definitions serve the community that they are created by and each community has different needs. What is a record? [...]

By |2022-11-15T18:05:31+02:00October 25th, 2007|Categories: Information Law|Tags: , , , |

Email Archiving Best Practices

Email archiving best practices  in 2007 include: SANS 15489 (the South African Records Management Standard):  This standard on recordkeeping provides guidance on "[t]he standardization of records management policies and procedures," and is designed to ensure "that appropriate attention and protection [...]

By |2019-08-24T11:55:31+02:00September 30th, 2007|Categories: Email Law|Tags: , , |