Electronic Transactions Law

Electronic transactions law and electronic commerce law or eCommerce law. Includes consumer protection regards electronic transactions, and cyber crime and computer crime. Also includes electronic signatures, advanced electronic signatures, or digital signatures.

IT agreements: Order of precedence clarity

Navigating an IT agreement is like piecing together a jigsaw puzzle. It's multi-layered, intricate, and prone to missing connections. In the age of digital contracts, order of precedence is important. Think about it: IT contracts are complex and can span [...]

By |2026-09-04T09:37:47+02:00September 4th, 2026|Categories: Contracts, Electronic Transactions Law|Tags: |
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Returns Policy or Refund Policy in South Africa

Do you need a returns policy or a refund policy for South Africa? When can a consumer return goods or get a refund in South Africa? In this article, we examine the conditions under which consumers can return goods and [...]

By |2025-09-22T12:41:40+02:00September 14th, 2025|Categories: Consumer Protection, Electronic Transactions Law|Tags: , , , , , , |
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Your third party marketplace needs clear terms

Selling online has become so common lately that businesses need to put a lot of effort into their online store before customers will notice them. Some smaller retailers choose to bypass the fuss and effort of building their own online [...]

By |2024-06-04T10:40:30+02:00November 22nd, 2023|Categories: Electronic Transactions Law|Tags: , , , , , |
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What do SaaS development contracts do differently?

Software development contracts are always a tricky subject. While the basic principles of contract remain the same in software development, you need to give specific attention to a few select differences, or neither party is going to get exactly what [...]

By |2022-11-01T10:33:37+02:00July 24th, 2019|Categories: Contracts, Electronic Transactions Law|Tags: , , |
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Heading into the cloud – contractual freedom through software as a service

Software as a service is about freedom. We live in an on-demand culture where access is more important than ownership. Software as a service lets you enjoy the benefits of being able to access the software without the burdens [...]

By |2023-10-04T16:13:11+02:00July 23rd, 2019|Categories: Contracts, Electronic Transactions Law|Tags: , |
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How electronic Debit Order Authorisations are possible

We recently told you that Electronic Debit Order Authorisations are possible. But I bet you are still using a paper authorisation form for your clients to sign in pen and ink. Why? Technology is there to help you with your [...]

By |2021-08-17T07:56:17+02:00May 21st, 2009|Categories: Electronic Transactions Law|Tags: , |
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Taxation of goods purchased online

Is the sale of on-line products (for example software downloaded directly from a website) subject to taxation? South Africa previously had a predominantly source based tax system but adopted a resident based tax system some few years ago. The sale [...]

By |2022-11-01T09:40:51+02:00October 28th, 2008|Categories: Electronic Transactions Law|Tags: , , , , , |
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Liability for online content mistakes

When would a website provider be liable for mistakes in information which it provides online?  Can it avoid that liability? The general principle is that a website provider must ensure that the content on the website is accurate and will [...]

By |2019-08-24T11:06:44+02:00October 25th, 2008|Categories: Electronic Transactions Law|Tags: , , , , , , , , |
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e-Commerce, Getting the Deal Through

'e-Commerce, Getting the Deal Through' was published in September 2008 by the International Bar Association (where the same questions and answers were posed to leading practitioners in 27 jurisdictions worldwide). Michalsons have authored the chapter on South Africa for the [...]

By |2022-11-15T20:25:36+02:00September 30th, 2008|Categories: Electronic Transactions Law|Tags: , , , |
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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." [...]

By |2019-08-24T11:45:23+02:00August 25th, 2008|Categories: Electronic Transactions Law|Tags: , , , , , , |
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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: , |
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Consumer protection provisions of the ECT Act

Chapter VII of the ECT Act deals with consumer protection and applies only to electronic transactions. The following sections of the ECT Act of of particular relevance regards a consumer's right of cancellation: Scope of application 42. (1) This Chapter [...]

By |2019-06-26T11:37:56+02:00May 3rd, 2008|Categories: Electronic Transactions Law|Tags: , , , , , |
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