The European Data Protection Board (EDPB) published guidelines relating to dark patterns on social media platforms. If social media platforms designers don't follow the guidelines, they could infringe the EU General Data Protection Regulation (GDPR). The guidelines provide designers with [...]
In Children’s Resource Centre Trust v Pioneer Food, the Supreme Court of Appeal (SCA) handed down a landmark judgment setting out the procedural requirements for instituting a class action. The SCA also gave clear guidance on when someone can pursue [...]
The Cybercrimes Act places strict legal obligations on electronic communications service providers (ECSPs). For example, an ECSP must report cybercrimes to the police, and store evidence about cybercrimes that someone may have committed. The Act imposes steep penalties on ECSPs [...]
The Cybercrimes Act places strict legal obligations on financial institutions. For example, financial institutions must report cybercrimes to the police, and store evidence about cybercrimes that someone may have committed. The Act imposes steep penalties on financial institutions that do [...]
Since 2020, legal practitioners in the UK predicted that data protection litigation would increase in the coming years. Data protection litigation in the EU was quite widespread as data subjects began to lodge claims directly with civil courts (as opposed [...]
We monitor topical developments in the law all year round. At the beginning of each year, we gather our research and analyse it to predict the major trends for the year. This helps you prioritise your next steps and streamline [...]
The information regulator will serve an infringement notice to a responsible party that the regulator believes has breached a provision of POPIA. No responsible party wants to receive an infringement notice or enforcement notice. It is even more intimidating than [...]
If you've heard about or received an information notice from the information regulator, you may be wondering what it is and whether it's harmless. The truth is there's a lot for you to consider and action that you will need [...]
In Smuts v Botha, the Supreme Court of Appeal (SCA) overturned a High Court judgment which ordered Smuts to take down parts of a Facebook post containing Botha's personal information. The SCA held that the information that Smuts published could […]
In Benatar v Black Academic Caucus, Professor Benatar lost his High Court application for access to the Black Academic Caucus' membership list, its office bearers, and other documents. This judgment explains how the courts assess applications for access to information [...]
The President of South Africa has proclaimed that certain sections of the Cybercrimes Act commence on 1 December 2021. Now that the Act has commenced, you may have questions like: which sections have already commenced? When will the entire law commence? [...]
In Arena Holdings (Pty) Ltd t/a Financial Mail v South African Revenue Services (SARS), the court granted the Financial Mail an interim order to compel SARS to disclose certain tax records. The court held that certain sections of the Promotion [...]
