IT Law

IT Law (or information technology law) as it is known in most parts of the world is a specialist area of law. IT Law is one of our key focus areas and we help provide many with practical legal solutions that they need. In the articles below, you can read our insights about IT Law.

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 |2026-09-04T09:48:01+02:00September 4th, 2026|Categories: Contracts, IT Law|Tags: , , , |

EU Data Act switching: cloud exits

A company group with a subsidiary in the EU decides that the cloud SaaS platform it has used for years is no longer the right fit. EU Data Act switching rules now shape what happens next. Legal counsel is asked [...]

AI policies for companies | What you need to know

Your employees are probably already using AI to complete their tasks. It is your decision whether to close your eyes and hope for the best or to empower them by using AI in a skilled and responsible manner. To ensure [...]

By |2026-03-27T17:37:18+02:00March 12th, 2026|Categories: AI Governance, IT Law, Policies|Tags: |

The law in 2026 – our predictions

Welcome to the law in 2026! At the beginning of each year, we look ahead to help you prioritise your next steps. This is the law regarding digital, data and tech in 2026. We try to predict what will happen [...]

General conditions of contract | Latest and guidance

The General Conditions of Contract (GCC) form part of all public bid documents, and no one can amend them. They allow for Special Conditions of Contract (SCC). If you want to do business with the public sector, you often have [...]

Inzalo v Chief Albert Luthuli Municipality | Data ownership

In Inzalo v Chief Albert Luthuli Municipality, the court examined disputes over public procurement, contractual obligations, and alleged unlawful enrichment in the context of data ownership. This case offers a key lesson that you must be able to analyse and […]

Unlock exclusive content, join a Michalsons Programme!

Members should log in to access this content. If you're not a member then join a Michalsons programme.

What is ICT? What is the Meaning or Definition of ICT?

ICT is an acronym for "information, communications and technology". Many people ask, 'What is ICT?' What is the meaning or definition of ICT? The acronym ICT is frequently used in various contexts. For example, people refer to the ICT industry, [...]

By |2025-06-06T13:25:19+02:00April 5th, 2025|Categories: IT Law|Tags: , , , , |

Do you need to register as a Cryptography Provider?

You need to register as a cryptography provider if you provide encryption-related products and services or electronic-signature-related offerings. Cryptography and encryption present a challenge to security-conscious governments in that it allows you to conceal your message content from the authorities. [...]

By |2025-03-20T11:30:32+02:00March 5th, 2025|Categories: IT Law|Tags: , , , , |

Book on Rules by Eisen | Respectful Policies and Directives

As a lawyer, I’ve encountered many policies over many years. I’ve read, reviewed, interpreted, and drafted them. I now realise that they were almost all horrible. I’ve seen the light and woken up to a whole new world. The light [...]

By |2025-08-18T09:27:43+02:00January 22nd, 2025|Categories: Governance, IT Law, POPI and Data Protection|Tags: , , |

South African National Policy on Data and Cloud

The South African National Policy on Data and Cloud was published in May 2024. Data is at the heart of everything and so it is hard to imagine a more important government policy. If South Africa gets its government [...]

Digital Government Policy Framework | DGPF | Guidance and download

The draft Digital Government Policy Framework (DGPF) provides principles to guide the digital transformation of public services in South Africa. It aims to leverage digital tools to enhance service delivery, improve government efficiency, and centre governance on citizen needs. The [...]

Data processing agreement compliance

In today's digital world, data processing agreements (DPAs) are the solid framework holding up relationships between businesses and third-party providers handling personal data on their behalf. As data protection laws like the EU’s General Data Protection Regulation (GDPR) and South [...]

By |2024-10-16T12:06:25+02:00October 16th, 2024|Categories: IT Law, POPI and Data Protection|Tags: , |