In Digital Law Company v Meta, the High Court in South Africa (Gauteng Local Division Johannesburg) sanctioned a joint consent order in which Meta agreed to take a number of steps, including removing accounts, disclosing the subscriber information behind the accounts and establishing a hotline with The Digital Law Company. Digital Law Company v Meta has been well covered in both social and traditional media. There are many important aspects and implications from this litigation (especially how we protect our children), but we wish to highlight just one aspect of it – what it means for the extraterritorial application of South African law, which is a very important issue with significant implications.

In essence, Meta agreed to comply with a court order from a South African court.

Who should care about Digital Law Company v Meta and why?

Any organisation established or domiciled outside South Africa that:

  • processes personal information in South Africa,
  • operates or makes money in South Africa, or
  • offers goods or services to people in South Africa.

What could you do about Digital Law Company v Meta?

  • Acknowledge that your organisation must comply with South African law, including data protection, cybercrimes, and interception laws.
  • Appoint a regulatory representative in South Africa.
  • Register on the e-services portal of the South African Information Regulator.
  • Submit to the jurisdiction of the South African courts.

Our insights on the litigation

This joint consent order sets a precedent for organisations established or domiciled outside South Africa but that operate in South Africa. An organisation cannot make money processing the personal information of South Africans and then claim not to:

  • have to comply with South African laws,
  • be subject to the authority of South African regulators, or
  • be subject to the jurisdiction of South African courts.

In a previous article, we explained who must comply with POPIA. Spoiler alert, the net is very wide and catches organisations established or domiciled outside South Africa.

The South African Information Regulator has taken enforcement action against WhatsApp and WhatsApp claims that it does not need to comply. The litigation between Digital Law Company and Meta will likely aid the regulator in enforcing its actions against WhatsApp.

Details of Digital Law Company v Meta

  • Universal citation: None
  • Case number: 2025-113515
  • Full name: The Digital Law Company (Pty) Ltd v Meta Platforms Inc.