Michalsons

About Michalsons

These blog entries are written in collaboration with Michalsons and attorneys who are the subject matter experts in their respective focus areas. Our attorneys specialise in various fields of law and provide commercially effective and practical advice. Read more about our people...

Contracting using a clickwrap agreement | Click-through contracting

You've probably come across a clickwrap agreement without even realising it. Some people call this the click-through contracting model. It is a quick method for users and consumers to agree to the terms of service providers. Technology has made buying [...]

By |2026-09-16T13:22:21+02:00September 4th, 2026|Categories: Contracts, IT Law|Tags: , , , , , |

PAIA section 83(4) report for private bodies | PAIA report

All private bodies must submit a PAIA section 83(4) report (PAIA report) to the Information Regulator in accordance with a notice published by the Regulator. The regulator has requested private bodies to submit this report annually in terms of [...]

PAIA section 32 report for public bodies | PAIA annual report

The information officer of every public body in South Africa must submit a PAIA section 32 report to the Information Regulator annually. Section 32 of PAIA makes it compulsory - a regulatory requirement. PAIA gives effect to section 32 [...]

By |2026-09-02T15:53:27+02:00August 31st, 2026|Categories: Access to Information|Tags: , , , |

Nominate someone to be a member of the information regulator

Parliament has invited the organisations and interested individuals to nominate people (or apply themselves) for the President to appoint as members of the information regulator. Do you want to nominate someone? Do you know anyone who might want to nominate [...]

By |2026-08-20T11:03:08+02:00August 5th, 2026|Categories: POPI and Data Protection|Tags: , |

Enforcement Notice from the Information Regulator: what now?

The Information Regulator may send you a POPIA enforcement notice after investigating you and finding that you have contravened POPIA by failing to lawfully process personal information. In comparison, the Information Regulator may send you an infringement notice if it [...]

Promotional Competitions and the Law

If you are a marketer or brand activator who uses promotional competitions or prize draws to promote in South Africa, you need to comply with the Consumer Protection Act (CPA) requirements in section 36 and Regulation 11. We can help [...]

By |2026-07-24T15:10:43+02:00July 23rd, 2026|Categories: Marketing Law|Tags: , , |

Who needs a Data Protection Officer (DPO)?

Who must appoint a DPO? What does the General Data Protection Regulation (GDPR) require regarding a Data Protection Officer (or DPO)? This is one of the questions that the GDPR, adopted by the European Parliament in 2016, has prompted many organisations to ask. Another [...]

What’s so tricky about a Data Retention Policy?

Is there anything tricky about a Data Retention Policy? Does anyone get a headache thinking about what to include in the policy and what outcomes it will help achieve? Is drafting a Data Retention Policy a simple matter of slapping [...]

Loyalty programmes and the law

Loyalty programmes are everywhere - freebies, added benefits and loyalty schemes. Loyalty programmes, credits and schemes incentivise consumers to stay loyal to certain brands, retail outlets, airlines, banks, cellular providers and many other suppliers of goods and services. As [...]

By |2026-05-12T21:24:27+02:00May 10th, 2026|Categories: Consumer Protection|Tags: , , , |

Complying with RICA – a guide for organisations

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 [...]

By |2026-03-26T16:52:31+02:00March 25th, 2026|Categories: Electronic Communications Law, Monitoring Law|Tags: , , |

Lodge a PAIA or POPIA complaint with the Regulator

Do you want to lodge a PAIA complaint or POPIA complaint with the Information Regulator in South Africa? Has someone failed to give you access to information or infringed on your privacy? In this article, we’ll help you know how [...]

Monitoring or intercepting of communications lawfully

The monitoring of communications must be done lawfully. For example, employers often monitor employee communications (such as email, websites visited, telephone calls, and the use of AI tools) to gather the evidence required to dismiss an employee fairly. Companies [...]

By |2026-03-26T17:00:47+02:00March 14th, 2026|Categories: Monitoring Law|Tags: , , , |